Kathleen Wilkinson

Kathleen Wilkinson

Wilson Elser

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Latest Publications


Where’s the Beef? Are Stricter Warning Label Requirements on the Horizon for the Meat Industry?

The World Health Organization (WHO), the United Nations’ public health arm, issued a report on October 26, 2015, based on research performed by the International Agency for Research on Cancer (IARC), linking cancer to...more

11/6/2015 - FDA Food Labeling GMO Warning Labels World Health Organization

Summary Judgment Appropriate in PA Where Frequent Exposure to and Breathing of Asbestos Dust Is Absent

The Pennsylvania Superior Court in Sterling v. P&H Mining Equipment, Inc. recently affirmed the Court of Common Pleas of Philadelphia County’s grant of summary judgment in favor of defendant P&H Mining Equipment, Inc. (P&H)...more

4/30/2015 - Asbestos Asbestos Litigation Standard of Proof Summary Judgment

In Non-precedential Case, Third Circuit Affirms Fracking Trade Secrets Trump Physician’s Right to Know, Absent Actual Harm

Fracking in Pennsylvania continues to create work for the courts. On March 16, 2015, in a non-precedential opinion in Rodriguez v. Secretary of Pennsylvania Environmental Protection of PA et al., the Third Circuit issued a...more

4/14/2015 - Appeals Chemicals Disclosure Requirements Fracking Health Care Providers Imminent Harm Oil & Gas Popular Standing

Good News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data

“There are only two types of companies left in the United States … those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of...more

3/27/2015 - Class Action Cybersecurity Data Breach Data Protection Hackers Imminent Harm Standing

Federal Government Issues Long-awaited Final Rules Governing Fracking on Federal Land and Indian Land

On March 20, 2015, the Department of the Interior’s (DOI’s) Bureau of Land Management (BLM) issued its long-awaited “final” rules governing hydraulic fracturing operations on federal lands and land owned by Indian tribes. The...more

3/24/2015 - Bureau of Land Management Final Rules Fracking Government Land Popular Tribal Lands

Pennsylvania Superior Court Reverses $14.5 Million Asbestos Verdict Based on Improper Admission of Expert Testimony

An en banc session of the Pennsylvania Superior Court vacated a $14.5 million asbestos verdict in a mesothelioma case and remanded the case to the Court of Common Pleas of Philadelphia for a new trial, affirming the decision...more

3/20/2015 - Asbestos Litigation Expert Testimony Jury Awards Reversal

Ohio High Court: State Oil and Gas Law Trumps Anti-fracking Zoning Rules Enacted by a Municipality

The Ohio Supreme Court, in State ex rel. Morrison v. Beck Energy Corp., Slip Opinion No. 2015-Ohio-485, issued the first state high court decision to consider and reject the proposition that local anti-fracking zoning...more

2/27/2015 - Fracking Fracking Bans OH Supreme Court Oil & Gas Preemption

Does Pennsylvania Permit Manufacturing Defect Claims Involving Medical Devices?

I am writing to report about a recent dismissal of a manufacturing defect claim made against a medical device manufacturer in the USDC for the Eastern District of Pennsylvania. This decision is favorable to our clients that...more

9/18/2014 - Dismissals Manufacturers Material Defects Medical Devices

What Remains of Act 13 in Pennsylvania after Robinson? Pennsylvania Commonwealth Court Strikes Further Provisions of Act 13 as...

Earlier this year, we reported in our Client Alert dated January 15, 2014, on the Pennsylvania Supreme Court’s decision in Robinson v. Commonwealth of Pennsylvania, 83 A.3d 901 (Pa. 2013). In Robinson, the Supreme Court...more

8/18/2014 - Fracking Natural Gas Natural Resources Oil & Gas Urban Planning & Development

Daubert Déjà Vu

Plaintiff’s expert is excluded for relying on a “novel” methodology to support opinion that antidepressant drug causes birth defects. - On June 27, 2014, in In Re: Zoloft, U.S. District Judge Cynthia Rufe of the...more

7/16/2014 - Expert Testimony Pharmaceutical Industry Zoloft

Pennsylvania Supreme Court Rules on Whether Drug Company Has Expanded Duties

On January 21, 2014, the Pennsylvania Supreme Court held in a 4–2 vote in Lance v. Wyeth, 2014 PA. 17 EAP 2011 (PA Supreme Court 2014), that a pharmaceutical company for the first time under Pennsylvania law may face...more

2/10/2014 - Failure To Warn FDA Negligence Pharmaceutical Industry Wyeth

Pennsylvania Supreme Court Declares Portions of Marcellus Shale Act Unconstitutional, Upholds Local Regulation of Oil and Gas...

On December 19, 2013, in Robinson Township v. Commonwealth of Pennsylvania et al., the Pennsylvania Supreme Court declared portions of Act 13 of 2012 (Act 13), commonly known as the “Marcellus Shale Act,” unconstitutional. As...more

1/15/2014 - Department of Environmental Protection Fracking Fracking Bans Local Ordinance Marcellus Shale Permanent Injunctions Preemption

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