Labor & Employment Products Liability Civil Procedure

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Looking Forward - Canadian Class Actions in 2014

The last few years have been very active years for class actions in Ontario. Bennett Jones continues to have an active and expanding class actions practice....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

California Court of Appeal Holds Intermediary’s Sophistication Not Sufficient, as a Matter of Law, to Avoid Supplier’s Liability...

On October 29, 2013, the California Court of Appeal affirmed as proper a trial court’s refusal to give defendant John Crane, Inc.’s (Crane’s) requested jury instruction on the “sophisticated user” defense. In Anne Pfeifer, et...more

Virginia Supreme Court decision reversing $17.5 million asbestos verdict against ExxonMobil Corp. stands

On June 10, 2013, the U.S. Supreme Court declined to accept the appeal of a case dealing with the duty of ship owners, under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. §§ 901, et seq.), to intervene in...more

Information Friday: Some News to End Your Week

Here’s a round-up of ADR news happening around the world. So, take a break, grab a cup of coffee and get informed!...more

Looking Forward: Canadian Class Actions in 2013

Looking Forward - 2012 was an active year for class actions in Ontario. Bennett Jones has been involved in some of 2012’s leading cases, including the putative class proceedings commenced in Trustees of the Labourers’...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

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

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

Employers’ Liability for Mesothelioma Claims in the UK – Are You Covered?

The United Kingdom Supreme Court recently handed down a decision in what is known as the EL Trigger case, wherein the Court has finally decided which Employers’ Liability (“EL”) policy or policies should respond to indemnify...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

California Courts Cannot Force Out-of-Town Employees to Travel to California Depositions

In an important ruling for corporations sued in California, the Second Appellate District of the California Court of Appeal in Toyota Motor Corporation v. Superior Court (July 27, 2011) No. B225393, held under Code of Civil...more

State Supreme Court Holds Causation Evidence Insufficient

The Vermont Supreme Court recently held that a plaintiff's evidence that exposure to benzene allegedly caused his cancer was insufficient to get to the jury. Blanchard v. Goodyear Tire & Rubber Co., No. 2010-250 (Vt....more

Directing the Direct When Your Witness is not an Expert

Many people view the direct exam of a non-expert witness as a series of "what happened next?" questions. With a little planning and effort, your directs can crackle with every bit of tension as a cross-examination. This...more

Second Chair is Much More than Second Fiddle

A second seat, or co-counsel, can be a critical position in trial. This article focuses on getting the best from your second seat, or if you are in that role, how to be most useful....more

How to Write Requests for Admissions

Requests for admissions may be used to (1) establish the truth of specified facts, (2) admit a legal conclusion, (3) determine a party’s opinion relating to a fact, (4) settle a matter in controversy, and (5) admit the...more

The California Supreme Court Schedules Oral Argument For Four Civil Cases

The Court will hear oral argument on four civil cases this November, addressing a variety of issues: Cassel v. Superior Court. (Wasserman, Comden, Casselman & Pearson),S178914: (1) Are the private conversations of an...more

Whole Brained Law | From the Information Age to the Conceptual Age

We are moving from an economy and a society built on the logical, linear, computer-like capabilities of the Information Age to an economy and a society built on the inventive, empathic, big-picture capabilities of what’s...more

The Discovery Motion with Teeth

After a long stretch of depositions,coupled with intense mediation sessions you finally have a day in the office to clean off your desk and catch up on your other cases Going through the stacks of mail, you find the motion...more

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