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

China lowers growth target

March 5, 2015 1:19 pm ET

The world's second largest economy has set its 2015 gross domestic product growth expectations at its lowest in a quarter of a century: 7 percent.    More

Image

Bigger doors, windows gain appeal

March 5, 2015 11:43 am ET

Door and window manufacturers are continuing to super-size product lines to make a grander first impression at main entrances and to expand vista...    More

Image

'Listen to the Science' ads a start, but consumers still need education

March 5, 2015 11:36 am ET

Since joining Plastics News — and therefore learning more than the average consumer about the business and science of plastics — there...    More

Image

Winter blasts ADS sales forecast

March 4, 2015 3:40 pm ET

Net sales forecasted for Advanced Drainage Systems are likely to slip as bad weather grips much of the United States into early March, delaying...    More

Image

Snow blamed for roof collapse at Pennsylvania pipe maker

March 3, 2015 4:51 pm ET

Heavy snow is likely to blame for bringing down part of the roof of a Charter Plastics Inc. facility in Titusville, Pa., about 3 p.m. March 3.    More

Market Reports

Flexible Packaging Trends in North America

North America represents about 30 percent of the global consumption of flexible packaging. Annual growth in this region is forecast at 4 percent during the next 5 years.

For more insight on growth opportunities, drivers of growth and the outlook for 2015, download this report.

Learn more

Plastics Recycling Trends in North America

This report is a review and analysis of the North American Plastics Recycling Industry, including key trends and statistics based on 2013 performance. We examine market environment factors, regulatory issues, industry challenges, key drivers and emerging trends in post-consumer and post-industrial recycling.

Learn more

Plastics in Mexico - State of the Industry Report

This report analyzes the $20 billion plastics industry in Mexico including sales of machinery & equipment, resins and finished products.

Our analysts provide insight on business trends, foreign investment, top end markets and plastics processing activity. The report also provides important data on exports, production, employment and value of plastics products manufactured.

Learn more

Upcoming Plastics News Events

June 2, 2015 - June 3, 2015Plastics Financial Summit - Chicago 2015

September 16, 2015 - September 18, 2015Plastics Caps & Closures - September 2015

More Events