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Civil Procedure Labor & Employment Toxic Torts

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

“Take-Home Toxins” Expand Duty of Care Imposed on Employers

A federal district court in Pennsylvania recently found that Accuratus Corporation (“Accuratus”), a ceramics manufacturer and supplier, could be liable under New Jersey law for chemical exposure injuries to the girlfriend and...more

Workers’ Comp Board Appellate Division Addresses Various Issues Relative to Occupational Disease Cases

by PretiFlaherty on

The widow and estate of the decedent appealed a decision denying a Petition to Order Payment under Rule 1.1 in an occupational disease case. Rule 1.1 requires that, within 14 days of notice or knowledge of a claim to...more

Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities

by Roetzel & Andress on

On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same,...more

California Imposes Broad Liability in “Take-Home” Toxic Exposure Cases

by Wilson Elser on

The Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases. In a lengthy opinion issued in the consolidated Kesner v....more

California Supreme Court Imposes Broad Liability for Employers and Premises Owners in “Take-Home” Toxic Exposure Cases

by Wilson Elser on

The Supreme Court of California has overturned prior case law and imposed broad new liability on “employers and premises owners” in “take-home” toxic exposure cases. In a lengthy opinion issued in the consolidated Kesner v....more

The 2016 Judicial Hellholes Report Is Out!

by Seyfarth Shaw LLP on

Each year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report” and examines problems in state court systems and challenges for corporate defendants in the fair and unbiased administration of...more

Asbestos Alert: Employers and Land Owners Have Duty to Take-Home Exposure Plaintiffs

by Low, Ball & Lynch on

Kesner v. Pneumo Abex, LLC - Supreme Court of California (December 1, 2016) We first reported on this case on May 14, 2014, when the Court of Appeal ruled. The case was further appealed to the California Supreme...more

Class action lawsuits have arrived in Thailand

by DLA Piper on

At the end of last year, the civil procedure rules in Thailand were amended to allow class action litigation to be brought in Thailand for the first time. The first class action lawsuit in Thailand has since been brought...more

"Take-Home" Asbestos Case Decision Could have Ripple Effect

by Polsinelli on

Companies facing "take-home" asbestos or other toxic tort exposure claims in Arizona, or in other jurisdictions applying Arizona law, now have a new case to cite in dispositive motions. With the Sept. 20 Arizona Court of...more

Contractor loses lawsuit against city for alleged breaches of OHSA’s asbestos-disclosure rules

by Dentons on

A construction contractor has lost its bid for damages from a city, relying on a little-used section of the Ontario Occupational Health and Safety Act that permits contractors to sue a building owner for damages for failing...more

Injury resulting from exposure to asbestos does not exist separately to the injury of anxiety to workers of classified...

by Reed Smith on

This client alert is relevant for companies that are exposed to industrial risks in France, and addresses in particular the asbestos cases and the related injuries. It points out the fact that, following the judgment rendered...more

Illinois Supreme Court Narrows Ability for Employees to Sue for Alleged Occupational Diseases

by Polsinelli on

On November 4, 2015, in the case of Folta v. Ferro Engineering, 2015 Il 118070 (2015), the Illinois Supreme Court strengthened the exclusivity provision of the Illinois Workers' Compensation Act and Illinois Occupational...more

California Court of Appeal Overturns Nonsuit Granted in Household Exposure Asbestos Case Where Trial Court’s Decision Was Based on...

by Wilson Elser on

On May 15, 2014, the First District Court of Appeal in California found that the trial court had erred in granting a nonsuit in favor of Pneumo Abex, LLC (Abex) in the asbestos personal injury action of Johnny Blaine Kesner,...more

Hercules and the Lernaean Hydra: The Hercules Removal Jurisprudence Sprouts Yet Another Head

by Baker Donelson on

In yet another twist in the tortured labors of the Hercules jurisprudence regarding removal of general maritime law claims under 28 U.S.C. §1441(a), the Eastern District of Louisiana has generated a new, divergent “head” on...more

PA Supreme Court Allows Certain Mesothelioma Claimants to Sue Their Employer

by Cozen O'Connor on

The Pennsylvania Supreme Court recently issued a ground-breaking decision that could potentially expose employers to a wave of new lawsuits by former employees suffering from mesothelioma. In its November 22, 2013 opinion in...more

Pennsylvania Supreme Court Rules on Workers’ Compensation Act Case

by Morgan Lewis on

Court finds in Tooey that Pennsylvania Workers’ Compensation Act does not bar latent occupational disease lawsuits against employers. On November 22, the Pennsylvania Supreme Court in Tooey et al. v. AK Steel Corp. et...more

Alleged Chemical Release Did Not "Speak for Itself"

by Dechert LLP on

Contractors working at a refinery who were allegedly exposed to chemical fumes cannot rely on the venerable res ipsa loquitur theory because their claimed injuries may have had other causes. See Pearson v. BP Products North...more

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