Labor & Employment Personal Injury Products Liability

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California Court of Appeal Bars Plaintiffs’ Wrongful Death Action Involving an Employee Who Used his Employer’s...

The California Court of Appeal for the Second Appellate District affirmed a trial court’s grant of summary judgment in favor of a pipe manufacturer based upon the worker’s compensation exclusivity rule. Melendrez et al. v....more

Louisiana Federal Court Rejects Expert Testimony Tying Gasoline to AML

Underscoring the importance of the distinction between a product and its component parts, a federal court in Louisiana refused to allow expert testimony that exposure to gasoline caused acute myeloid leukemia (“AML”) in a...more

Wis. Supreme Court Applies the Discovery Rule to Accrual of Wrongful Death Claims

On June 24th, Wisconsin’s supreme court decided that the discovery rule—that is, the rule that a tort claim for which the legislature has provided no other rule “accrues” for statute-of-limitations purposes when the plaintiff...more

New SDS Disclosures Require Changes to Overall Hazard Communication Policy

On June 1, new OSHA rules took effect for all employers, changing requirements for chemical manufacturers and importers who prepare and distribute Safety Data Sheets (SDS). Under these rules, the SDS (previously called...more

Illinois Appellate Court Finds Defendant Not Liable for “Speculative” Workplace Asbestos Exposure

The Illinois Appellate Court for the Fourth District affirmed a jury’s defense verdict in Holloway v. Sprinkmann Sons Corporation of Illinois, 2014 IL App (4th) 131118 (December 16, 2014). The plaintiff testified that from...more

Washington Supreme Court Ratifies Employer Immunity for Asbestos Exposure

The Washington Supreme Court recently affirmed summary judgment in favor of an employer defending an asbestos lawsuit brought by a former employee. In Walston v. Boeing Co., No. 88511-7 (September 18, 2014), the Supreme...more

Update: California Supreme Court to Review Secondary Asbestos Exposure Cases

In Sedgwick’s June 2014 Toxic Tort and Environmental Law Update, we reported on two conflicting decisions from different California appellate courts regarding companies’ duty to prevent “take home exposures” to asbestos...more

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

Weekly Law Resume - March 2014: An Employer Does Not Owe a Duty of Care to its Employee’s Later-Conceived Child

Waleed Elsheref, a Minor, etc., et al., v. Applied Materials, Inc. - Court of Appeal, Sixth District (January 27, 2014)- Plaintiff Waleed Elsheref’s father, Khaled Elsheref (“Khaled”) worked as an engineer for...more

California Appellate Court Finds Employer Has No Duty to Future Child for Parent-Employee’s Preconception Exposure to Toxins

The preconception tort is essentially any tortious conduct occurring prior to a child’s conception that results in harm to the child. This type of claim, which has been recognized in California since 1982, can cover all...more

Pennsylvania Effectively Eliminates Workers’ Compensation Act as Source of Protection for Employers from Suits Arising Out of...

On January 29, 2014, the Pennsylvania Supreme Court denied defendants’ Petition for Reargument of the Court’s November 22, 2013, ruling in Tooey v. AK Steel Corp. et al. The ruling held that the Pennsylvania Workers’...more

Weekly Law Resume - January 2014: Torts – Negligence – Sophisticated User Defense

Buckner v. Milwaukee Electric Tool Corporation - Court of Appeal, Fifth Appellate District (December 20, 2013) - In Johnson v American Standard (2008) 43 Cal.4th 56, the California Supreme Court first recognized the...more

Was Asbestos Used in Your Drilling Mud Program?

With the bankruptcy of dozens of traditional defendants in asbestos litigation, plaintiffs' attorneys have been creative in pursuing claims in previously untapped areas. One such area is alleged oilfield worker exposure via...more

How Interactive Timelines Build and Strengthen Opening Statements

Employment, business and personal injury cases are ideally suited for laying out the facts in chronological order to enhance jury understanding. we generally recommend attorneys start with an interactive timeline that shows...more

Asbestos Alert: OSHA Regulations Held Insufficient as Basis for Expert Opinion that Certain Materials Contained Asbestos

The Court of Appeal affirmed the trial court’s grant of summary judgment in favor of Perini, a general contractor. Plaintiff alleged that he was exposed to asbestos by Perini employees at job locations where construction of...more

How Storyboards Helped Make a Complex Case and Could Help Yours, Too

This post spotlights one of the best and most convenient types of litigation graphics: Storyboards. What I mean by a “storyboard” is basically a series of images that are used to show how an incident occurred, what could have...more

Employer Has No Duty to Protect Family Members of Employees from Secondhand Asbestos Exposure in Court of Appeal Ruling

In past years, second-hand asbestos exposure claims against product manufacturers and premises owners have increased with the decline of the more traditional asbestos exposure cases. These ‘bystander’ plaintiffs allege that...more

New Rules for Asbestos Cases in San Francisco

Effective July 2, 2012, asbestos cases in the San Francisco Superior Court are being governed by a new set of procedural rules. Following a decline in asbestos filings and severe budget shortfalls, the court issued the...more

Frederick Place Chambers June Newsletter

This month's newsletter from Frederick Place Chambers focuses on health and safety law. Also includes all the latest news and views from Chambers....more

UK Supreme Court Pulls Trigger on Asbestos Liability Insurance - Perspectives on Insurance Recovery Newsletter - Summer 2012

The UK's highest court has issued its decision in the Employers' Liability Insurance "Trigger" Litigation: BAI (Run Off) Ltd v Durham & Ors, [2012] UKSC 14 (28 March 2012), and finally resolved a long-pending dispute over...more

Premises Owner Owes No Duty to Protect Family Members of Independent Contractors From Secondary Exposure to Asbestos

The California Court of Appeal held in Campbell v. Ford Motor Company, 2012 WL 1820919, that a premises owner owes no duty to warn family members of employees of contractors of the hazards of secondary asbestos exposure....more

“I blame the parents”: Parent companies (in the UK) may owe a duty of care to their subsidiaries’ employees

The English Court of Appeal recently delivered a judgment in Chandler v Cape Plc [2012] EWCA Civ 525 which has potentially significant implications for groups of companies. It is also a warning of contingent liabilities which...more

Asbestos Exposure did not Cause Colon Cancer: Ontario WSIAT

A mining worker’s exposure to asbestos did not cause his colon cancer, the Ontario Workplace Safety and Insurance Appeals Tribunal has held. The worker worked for a “nickel producer” for approximately 38 years from 1959...more

Eleventh Circuit Holds Four Defendant Manufacturers of Beryllium-Containing Aircraft Parts Relieved of Failure-to-Warn Liability...

On October 21, the U.S. Court of Appeals for the Eleventh Circuit, applying Georgia law, held that four defendant manufacturers were relieved of liability for failing to warn current and former employees of Lockheed Martin...more

Contract to pay dollars is a contract to pay coined silver

A contract to pay dollars, is according to the Supreme Court of the United States, a contract to pay lawful money of the United States. Lawful money of the United States is money declared to be legal tender in payment. ...more

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