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John J. Wackman News Archive

Newsroom image for the post Best Lawyers® Recognizes Firm and Multiple Attorneys

Posted November 20, 2023 with Tags

Best Lawyers® Recognizes Firm and Multiple Attorneys

NJL and numerous attorneys have been recognized in the 2024 editions of Best Law Firms and Best Lawyers respectively. As a firm, NJL has been recognized for the Minneapolis metro area for practices in Business Litigation, Labor and Employment, and …

Newsroom image for the post Avoiding False Advertising Claims During COVID-19

Posted May 12, 2020 with Tags ,

Avoiding False Advertising Claims During COVID-19

With the unprecedented steps being taken to slow down the spread of COVID-19, it is important that those companies whose products effectively kill or contain the spread of Coronavirus be able to market their products’ efficacy to consumers. It is equally important that unscrupulous companies not be allowed to capitalize on the current crisis by misleading desperate consumers into believing that their products are more effective at killing or containing the spread of the Coronavirus than they actually are.

Posted May 16, 2019

Liability for Allegedly Unnecessary Product Recall?

The conventional advice to manufacturers and retailers of consumer products when assessing a potential product safety issue is typically as follows: “When in doubt, report.” And while it is still generally good advice to err on the side of reporting potential product safety issues to the Consumer Product Safety Commission (CPSC), companies must be cognizant of the full magnitude of a decision to initiate a voluntary product recall. A new lawsuit filed last week in New York federal court illustrates why.

Posted November 23, 2016

CPSC Wins Decisively in Rare Decision Addressing Procedural Defenses to CPSA Enforcement Actions

On November 17, 2016, Judge William Conley of the United States District Court for the Western District of Wisconsin issued an opinion and order addressing rarely litigated procedural defenses to CPSA enforcement actions. The case, United States of America v. Spectrum Brands, Inc., No. 15-cv-371-wmc, involves allegations that Spectrum Brands, Inc. (“Spectrum”) violated the reporting requirements under section 15(b) of the CPSA by failing to immediately notify the CPSC of a potential defect in one of Spectrum’s coffee pot carafes that may pose a significant product hazard. The decision will be closely analyzed by product manufacturers, retailers, and legal practitioners alike, both because federal courts rarely issue opinions in CPSC enforcement actions and because Judge Conley roundly rejected Spectrum’s numerous procedural defenses.

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