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    • What does the Transfer of Chinese Drywall Cases by the United States Judicial Panel on Multidistrict Litigation Mean? Throughout 2004–2007 a housing boom along with a series of hurricanes in the Gulf of Mexico combined to create a shortage of drywall in the United States.  Needing drywall to build the homes that were much in demand, suppliers turned abroad. Chinese manufacturers stepped in, providing cheap and readily available material.  This influx of Chinese drywall was concentrated in Florida, Louisiana, and Mississippi; the states most affected by Hurricanes Wilma, Katrina, and Rita.  Since 2006, it has been estimated by some sources that more than 550 million pounds of drywall have been imported from China.  There are reports that some 100,000 homes could possibly be affected nationwide. Reports of the damage caused by Chinese drywall to air conditioning units and appliances as well as health problems associated with it started to surface in 2006.  It has been reported that organic and chemical compounds in certain samples of drywall causes a ....
    • Louisiana Legislature directs DHH, the Department of Insurance, and the Louisiana State Licensing Board for Contractors to Study the Effects of "defective Chinese Drywall" By G. Trippe Hawthorne The Louisiana Legislature has adopted House Concurrent Resolution No. 185, authored by Representative Tim Burns.  The resolution urges and requests that the Department of Health and Hospitals and the Deptartment of Insurance, in consultation with the Louisiana State Licensing Board for Contractors, investigate the health risks associated with living in homes that contain drywall imported from China, study the potential homeowners insurance coverage issues, including triggers, endorsements, and exclusions to policies that are related to drywall imported from China, and determine whether such material should be identified as a substandard, unsafe building material.  The resolution goes on to request a report of the findings and recommendations of this study to the legislature prior to the convening of the 2010 regular session. A copy of the enrolled version of the resolution can be seen here: Download file ....
    • Vioxx Multidistrict Litigation Court Refuses to Give Deference to FDA's Preemption Preamble by Glenn M. Farnet On January 24, 2006, the U.S. Food and Drug Administration (FDA) issued a Final Rule entitled Requirements on Content and Format of Labeling for Human Prescription Drug and Biological Products, 71 Fed. Reg. 3922 (Jan. 24, 2006). In the now-famous preamble to that Final Rule, the FDA stated its view that “… under existing preemption principles, FDA approval of labeling under the act, whether it be in the old or new format, preempts conflicting or contrary State law.”   The preamble contains a detailed explanation of why the FDA believes that allowing certain state tort law claims for failure to warn would conflict with and stand as an obstacle to achievement of the full objectives and purposes of Federal labeling requirements for pharmaceutical and biologic products.   The FDA explains that it makes labeling decisions based on “a comprehensive scientific evaluation of the products’s risks and benefits under ....
    • Growing Trend of Benzene Exposure Claims by Erich P. Rapp Any industry manufacturing or even using products with even trace levels of benzene should be aware of the growing trend among trial attorneys to bring benzene exposure claims. It may be nearing the time for companies to undertake aggressive efforts to reduce or eliminate potential exposure to these types of claims  Several recent blogosphere entries suggest that three women from Florida, New Jersey, and Kansas have sued The Sunny Delight Beverages Company, Pepsico, Shasta (National Beverage Company), and the Rockstar Energy Drink Co. claiming that some of their soft drink products contain ingredients that can combine to form benzene when exposed to heat and light. The suits were said to have been filed in the summer of 2006. The women are said to be represented by Boston attorney Andrew Rainer. Numerous recent web accounts suggest that Coca Cola settled benzene related claims in May 2007. Is this type of ....
    • Kean Miller Adds 12 Attorneys in Admiralty & Maritime, Construction, and Energy Practice Groups - New Orleans Office Triples in Size Kean Miller is pleased to announce that 12 lawyers, formerly in the Admiralty & Maritime, Construction, and Energy practice areas with Lemle & Kelleher, LLP, have joined the firm in the New Orleans office. "We are very excited to welcome these distinguished attorneys to our law firm. They are an outstanding resource for our clients. Our offices are located in Louisiana's major port cities --- New Orleans, Baton Rouge and Lake Charles -- and this esteemed group brings over 150 years of combined experience in maritime issues, admiralty law, marine insurance, oil & gas, drilling and exploration, pipelines, construction, and energy law to our clients." said Gary A. Bezet, managing partner of the 121-lawyer firm. The new group from Lemle & Kelleher nearly triples the size of Kean Miller's New Orleans office from 7 attorneys to 19 attorneys. The strategic acquisition builds on Kean Miller's position as the largest law firm in the Capital Region, and strengthens Kean Miller's regional ....
    • Federal Preemption of State Pharmaceutical Product Liability Tort Law - The FDA Speaks Out The U.S. Food and Drug Administration (FDA) announced on January 18, 2006 that it is issuing final regulations making a "major revision" to the format of prescription drug information. Among other things, the rule revises the current regulations to require that the prescribing information of new and recently approved products includes "Highlights" of the prescribing information and a table of contents for the full prescribing information. View the announcement. This new "Highlight" procedure is designed to make the product warnings and package inserts easier to read and understand, both by prescribing physicians and by patients. Of particular importance for pharmaceutical companies faced with increasing product liability litigation, the FDA included in the comments to the new rule a detailed discussion of FDA's views on the preemptive effect of its labeling decisions in the context of state product liability tort law. The FDA states that "under existing preemption principles, FDA ....
    • United States Eastern District Court Closes Until Further Notice Per its website at http://www.laed.uscourts.gov, the United States District Court for the Eastern District of Louisiana has closed until further notice, and has suspended "all deadlines and delays in matters pending before this court...until ordered otherwise." ....
    • Louisiana In-House Counsel Rule Deadline Approaching By Lolly White In-house counsel who are employed in Louisiana but are not licensed to practice law here have until July 1, 2005 to file an application for limited licensure to practice under the Louisiana Supreme Court's new In-House Counsel Rule. Louisiana Supreme Court Rule XVII, Section 14, provides that a lawyer who is admitted and authorized to practice law in another state or territory may receive a limited license to practice law in this state when the lawyer is employed in Louisiana as a lawyer exclusively for a corporation, its subsidiaries or affiliates and/or a business which consists of activities other than the practice of law if the lawyer has filed an application for a limited license with the Committee on Bar Admissions. The Committee on Bar Admissions is comprised of 15 active members of the Louisiana State Bar Association who are appointed by the Louisiana Supreme Court. Click here for the application for Limited Licensure As In-House Counsel. This application, ....
    • Products Liability Victory on Summary Judgment G. William Jarman and Glenn M. Farnet recently won a significant products liability victory for Black & Decker (U.S.) Inc., in the United States Fifth Circuit Court of Appeals. While using a pneumatic brad nailer, the plaintiff was blinded in one eye after a nail ricocheted off of the work surface. The district court granted Black & Decker's summary judgment motion on the ground that the plaintiff did not satisfy his burden of proving the "risk/utility" element of a defective design claim under the Louisiana Product Liability Act. The United States Fifth Circuit affirmed the ruling.The plaintiff, an experienced carpenter, was injured while using a DeWalt D51238K Heavy Duty, 18 gauge Brad Nailer. He was not wearing his safety glasses at the time of the accident. The nail gun came equipped with two types of trigger, a "bump fire" trigger and a sequential fire trigger, and was sold with the "bump fire" trigger pre-installed. Switching trigger mechanisms was, however, simple to do, and the ....