Brief filed in latest JM Eagle legal case

By Catherine Kavanaugh
Staff Reporter

Published: March 31, 2014 11:54 am ET
Updated: March 31, 2014 11:59 am ET

Related to this story

Topics Public Policy, Construction, Plumbing, Polyethylene, Pipe/Profile/Tubing
Companies & Associations J-M Manufacturing Co. Inc.

Phillips & Cohen LLP, the law firm accused of defamation and trade libel by JM Eagle, has hired an outside legal team, which has filed a motion in a California state court seeking to strike the PVC pipe maker’s lawsuit.

The 20-page motion dated March 26 says references to the company’s products as “substandard” and “faulty” in a November 2013 news release gave a “true and fair report” of on-going litigation of national importance and are protected by California civil code.

The news release was widely publicized after Phillips & Cohen prevailed in the first part of a whistleblower trial in which a federal jury heard arguments about the quality of pipes purchased by state and local governments from 1996-2006.

JM contends the jury determined it had not achieved absolute manufacturing perfection but it did not establish that JM sold defective pipe to any customers. The offending press release was published with reckless disregard for the truth, according to JM.

However, Phillips & Cohen’s defense attorney, Richard Kendall, says in his motion, “The statements at issue are non-actionable statements of opinion,” and the court should strike JM’s complaint.

The motion also says JM, formerly called J-M Manufacturing Co., is using the case to harass Phillips & Cohen and it constitutes a strategic lawsuit against public participation (SLAPP).

Kendall is with the law firm Kendall Brill & Klieger LLP.


Comments

Brief filed in latest JM Eagle legal case

By Catherine Kavanaugh
Staff Reporter

Published: March 31, 2014 11:54 am ET
Updated: March 31, 2014 11:59 am ET

Post Your Comments


Back to story


More stories

Image

Ply Gem continues acquisition streak, buying Simonton for $130 million

August 20, 2014 2:33 pm ET

Building materials manufacturer Ply Gem Holdings Inc. will acquire Simonton Windows from Fortune Brands Home & Security in a $130 million deal that...    More

Image

Small country introducing plastic coins

August 20, 2014 10:48 am ET

You've heard of countries adopting plastic currency, to replace paper money. How about plastic coins, to replace metal? It's hard to believe but true....    More

Image

GameDay Challenge expands the competition to the recycling bin

August 20, 2014 10:23 am ET

GameDay Recycling Challenge is returning this year as college football stadiums will compete to see which school produces the least amount of waste...    More

Image

Pactiv selling building products unit to Ireland's Kingspan

August 19, 2014 3:54 pm ET

Irish building material manufacturer Kingspan Group plc is acquiring the insulation business of Lake Forest, Ill.-based Pactiv Building Products for...    More

Image

Flexible film waste-to-oil pilot project continuing in California

August 19, 2014 3:19 pm ET

A recent decision to discontinue operations at a plastics waste-to-oil site in Portland, Ore., is not impacting a pilot program aimed at hard-to-recyc...    More

Market Reports

Thermoformed Packaging 2014 Market Review & Outlook North America

This in-depth report analyzes economic and market trends, legislative/regulatory activity impacting supply and demand, business opportunities and threats, materials pricing, manufacturing technology, as well as growth strategies being implemented by thermoformed packaging companies.

Learn more

Pipe, Profile & Tubing Extrusion in North America 2014

U.S. demand for extruded plastics is expected to grow by 3 percent in 2014, with PVC remaining the largest segment.

Plastic pipe will post the strongest gains through 2018, continuing to take market share from competing materials in a range of markets.

Our latest market report provides in-depth analysis of current trends and their financial impact on the pipe, profile and tubing extrusion industry in North America.

Learn more

2014 Injection Molding Industry Report

GROWTH, OPPORTUNITY IN SIGHT FOR INJECTION MOLDERS IN 2014

In the wake of the economic turbulence earlier in this decade, molders today find themselves in much better shape. Molders are gaining a competitive advantage by investing in people, equipment and seeking inroads into new markets on a global scale.

Growth in the injection molding industry is going to be driven by low financing costs and a continued move to reshore some business.

Learn more

Upcoming Plastics News Events

September 10, 2014 - September 12, 2014Plastics Caps & Closures 2014

January 14, 2015 - January 14, 2015Plastics in Automotive

February 4, 2015 - February 6, 2015Plastics News Executive Forum 2015

More Events