Significant Victories
In an opinion handed down on February 3, 2022 (24 F.4th 1212), the Eighth Circuit Court of Appeals affirmed dismissal of a class action complaint filed against a major casualty insurance company represented by Dowd Bennett. The plaintiff, a business covered by a commercial insurance policy issued by the…
On February 2, 2022, Dowd Bennett Partner Michelle Nasser and Associate Adam Simon obtained full summary judgment in favor of Edward Jones in the U.S. District Court for the Western District of Texas (San Antonio) on a former Edward Jones employee’s claim of retaliation. The district court held that…
In an opinion handed down on August 23, 2021, the Missouri Court of Appeals, Southern District affirmed the denial of class certification as well as the grant of summary judgment to Dowd Bennett client Emerson Electric. The plaintiffs alleged that they were in need of continuous medical monitoring due…
On August 18, 2021, the U.S. District Court for the Southern District of Florida dismissed with prejudice a putative class action lawsuit filed against Dowd Bennett clients Anheuser-Busch and Miami Beer Ventures. The plaintiffs challenged several aspects of the marketing and labeling of a craft beer brand with a…
On July 30, 2021, the United States District Court for the Eastern District of New York dismissed with prejudice a qui tam action filed against Dowd Bennett client Fresenius Medical Care North America. The case challenged certain joint venture arrangements with physicians and was dismissed based on the False…
Dowd Bennett attorneys Jim Bennett, John Comerford, Megan Heinsz and Rebecca McLaughlin recently won a unanimous defense verdict in a jury trial in the United States District Court for the District of North Dakota in a product liability case involving a propane explosion. The plaintiffs, who had suffered serious…
The U.S. District Court for the Central District of California recently granted Dowd Bennett’s motion to dismiss with prejudice a putative class action seeking to represent all California residents who bought Beck’s Non-Alcoholic malt beverages over the last four years. See Angiano v. Anheuser-Busch InBev Worldwide, Inc., CV 21-01879…
On February 23, 2021, the Missouri Circuit Court for the Twenty-Second Judicial Circuit denied an Emergency Motion to Stay Arbitration Proceedings in TMEMA Associates DE LLC et al. v YDC Inc. d/b/a Rezi et al. The Plaintiffs sought to stay arbitration proceedings that were pending in New York by…
On January 12, 2021, the United States District Court for the District of Hawai‘i dismissed a False Claims Act suit against Dowd Bennett’s client, Fresenius Medical Care North America in Hawaii ex rel. Torricer v. Liberty Dialysis-Hawaii, LLC. The suit had been filed by a private qui tam relator,…
On November 1, 2019, the United States Court of Appeals for the Eighth Circuit reversed a class certification order that had been entered in Multi District Litigation proceedings involving a Dowd Bennett manufacturing company client. The district court had certified a nationwide class of plaintiffs challenging the advertising for…