Jay Bhimani
- Indexed articles, last 90 days
- 4
- Latest publication
- Jul 30, 2026
- Outlet visibility, for Mondaq
- Top 500K sites
- Earliest in this view
- Jul 30, 2026
Latest articles
Louisiana Bankruptcy Court Holds That Unknowable Product Liability Claims Are Not Discharged In Mass Tort Bankruptcy (opens the original)
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Defendants seeking to enforce a bankruptcy discharge against latent product liability claims should endeavor to establish a strong foreseeability record, not just broad plan language. That record should be developed during the bankruptcy case itself. In Babcock & Wilcox Co. v. Philadelphia Energy Solutions Refining & Marketing LLC, 2026 WL 1724858 (Bankr. E.D. La. June 13, 2026), Philadelphia Energy Solutions (“PES”) and its affiliates asserted product liability claims against the reorganized Ba
Standing And Preemption Deliver Early Dismissals In Toothpaste Heavy Metals Class Action (opens the original)
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Brower reinforces two strong early defenses against class actions targeting OTC product labeling and marketing. First, plaintiffs alleging product contamination must plead product-specific testing linked to their own purchases; generalized testing or studies will not suffice. Second, omission-based claims are expressly preempted where the FDA’s governing monograph does not require the disclosure plaintiffs seek. Brower extends to heavy metals claims against Colgate toothpastes the same reasoning
California Supreme Court Raises The Bar On Blanket Challenges Against Judges (opens the original)
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Litigators in California should take note of the California Supreme Court’s recent holding in J.O. v. Superior Court, 19 Cal. 5th 753 (2026) as it changes the review that applies to the use of Section 170.6 to disqualify judges in the state. The California Supreme Court recently overhauled 50-year-old precedent governing a litigant's right to disqualify a judge under California Code of Civil Procedure Section 170.6, holding that bad faith blanket challenges to judges are no longer shielded from
Daubert Meets Res Ipsa: Seventh Circuit Rejects Twin Theories Of Liability In Uniform Defect Suit (opens the original)
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Zurbriggen underscores that plaintiffs alleging injury from consumer products must present reliable expert causation evidence and signals courts’ resistance to the use of equitable doctrines like res ipsa loquitur to substitute for proof of defect, exposure, and causation. The Seventh Circuit affirmed the Northern District of Illinois’s decision granting summary judgment for American Airlines and a uniform manufacturer in a suit brought by 74 airline employees alleging the airline’s uniforms cau
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