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LITIGATION ALERT: Texas Supreme Court Limits the Application of the Economic Loss Rule

In Texas, the economic loss rule has been applied by courts to prevent a plaintiff from recovering purely economic losses in a negligence or strict liability action. In products liability cases, when a loss results from the...more

West Virginia Product Liability Law Monograph

Morningstar v. Black & Decker Manufacturing Co. - In 1979, the West Virginia Supreme Court of Appeals decided Morningstar v. Black & Decker Manufacturing Co., the leading case in West Virginia product liability law. 253...more

First Circuit Court of Appeals Refuses to Relax Injury Requirement for Medical Monitoring Claims

In Genereux v. Raytheon Co., No. 13-1921, 2014 WL 2579908 (1st Cir. June 10, 2014), the First Circuit Court of Appeals affirmed summary judgment against class action plaintiffs seeking recovery for medical monitoring costs...more

Texas Supreme Court Reaffirms Causation Standard

In Bostic, et. al. v. Georgia-Pacific Corporation, 57 Tex.Sup.Ct.J. 1091, the Supreme Court of Texas reaffirmed that the “substantial factor” causation test applies in asbestos personal injury cases, defined the quantitative...more

Texas Supreme Court Enforces Medical Criteria for Claims Involving Asbestos and Declares the Application of Chapter 90...

In a 5–4 opinion issued in Union Carbide Corporation v. Daisy E. Synatzske et al. No. 12-0617 (Tex. July 3, 2014), the Texas Supreme Court held that Chapter 90 of the Texas Civil Practices and Remedies Code as applied to the...more

Mississippi High Court Vacates Widow’s $1.1 Million Silica Sand Verdict for Insufficient Evidence

The Mississippi Supreme Court recently reversed a $1.1 million jury verdict of a widow of a former railroad worker. In Mississippi Valley Silica Company, Inc. v. Reeves, (Supreme Court of Mississippi, No. 2012-CA-01702-SCT,...more

NuvaRing Settlement Update

Merck announced on June 4, 2014, that it would be funding the $100 million dollar NuvaRing settlement announced in February of this year, as the 95% plaintiff participation threshold required by the Settlement Agreement has...more

Asbestos Alert: Paulus v Crane Co.

Second District Court of Appeal, Division Three, Action # B246505 (Filed Feb. 21, 2014, modified Mar. 24, 2014) 2014 WL 1157284 ____Cal.App.4th____ - Sufficiency of Expert Testimony to Prove Causation; Bankruptcy Trust...more

The Class Action Chronicle - Spring 2014

This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Ninth Circuit En Banc Upholds Prior Ruling Vacating $10 Million Asbestos Verdict Over Failure to Conduct Daubert Hearing

The Ninth Circuit Court of Appeals en banc has affirmed a prior ruling vacating a $10 million jury verdict in an asbestos personal injury action, holding that the Washington federal district court abused its discretion by not...more

New York's Highest Court Does Not Recognize Claims for Medical Monitoring – For Now: Using "Phobia" Claims as a Backdoor to...

In Caronia v. Philip Morris USA, Inc., 2013 N.Y. LEXIS 3476, 2013 N.Y. Slip. Op. 8372 (December 17, 2013), the New York Court of Appeals, in a 4-21 decision with sharp and barbed contrasts between majority and dissent, ruled...more

Painting a Picture at Trial for the Court of Appeal

During a trial, the jury and court below will hear the testimony of witnesses and observe their demeanor. Once the case is on appeal, the reviewing court is usually limited to reading transcripts that may or may not convey...more

Florida’s Supreme Court Limits The Economic Loss Rule

The Florida Supreme Court recently limited the application of the economic loss rule to products liability cases....more

Q&A With Carlton Fields' Wendy Lumish

Q: What is the most challenging case you have worked on and what made it challenging? A: Frankly, many of my cases are extremely challenging because I am generally defending a large corporation against a horribly injured...more

First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

In Harden Manufacturing Co. v. Pfizer, Inc., 712 F.3d 60 (1st Cir. 2013), one of three cases addressing Pfizer’s off-label marketing of the anticonvulsant drug, Neurontin, the First Circuit vacated the district court’s denial...more

California Court Addresses Horizontal Exhaustion Requirement

In the recent decision Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania 2013 Cal. App. LEXIS 269 (2nd Dist. April 8, 2013), the California Court of Appeal considered whether horizontal or...more

Upholding CAFA’S Intended Purpose

In February 2005, Congress enacted the Class Action Fairness Act of 2005 (CAFA), with the primary intent of modifying and liberalizing the rules concerning federal diversity jurisdiction as they apply to class actions,...more

Choosing the Right Asset Search Company

When looking to conduct an asset search, it is important to carefully choose a qualified asset search company to assist you. The internet has become second nature to the majority, making it simple for anyone to create a...more

A Maze of Uncertainty: Pennsylvania Products Liability Law Remains in a Confusing State of Flux

Attorney Daniel E. Cummins of the Scranton, Lackawanna County, Pennsylvania insurance defense firm, Foley, Comerford & Cummins provides this detailed analysis of the current state of Pennsylvania Products Liability Law. ...more

Patton Boggs Insights - December 2012: Litigation/Courts: $48 Million Verdict Tops Mesothelioma Awards

In the largest mesothelioma award in California this year, a Los Angeles County jury awarded a mesothelioma victim and his family $48 million against several firms, including at least two cement companies....more

Patton Boggs Insights - December 2012: Litigation/Courts: $7.3 Million Award In Popcorn Lung Case

A Colorado man who consumed two to three bags of microwave popcorn every day for a decade has won a $7.3 million judgment against popcorn maker Glister-Mary Lee, supermarket chain Kroger and its Dillon Cos. subsidiary....more

Weekly Law Resume - January 17, 2013: Torts – Negligent Infliction of Emotional Distress – Bystander Recovery

Fortman v. Forvaltningsbolaget Insulan AB Court of Appeal, Second District (January 10, 2013) Closely related percipient witnesses may seek damages for emotional distress caused by observing a negligently inflicted...more

Toxic Tort and Environmental Law Update: January 2013 - Ninth Circuit Vacates $10 Million Asbestos Verdict, Citing Trial Court’s...

The Ninth Circuit Court of Appeals recently vacated a $10 million jury verdict and remanded Barabin v. AstenJohnson, Inc, et. al. back to Washington federal district court for a new trial after concluding that the district...more

Toxic Tort and Environmental Law Update: January 2013 - New Ohio Asbestos Legislation Is A Step In The Right Direction…But There...

On December 20, 2012, Ohio Governor John Kasich signed into law House Bill 380, which is aimed at remedying inequities in asbestos litigation. HB 380 addresses the issue of bankruptcy trust claims and their impact on pending...more

Asbestos Alert: District Court Judgment Reversed for Failure to Conduct Daubert Hearing Prior to Admitting Testimony of Plaintiff...

Barabin v. AstenJohnson, Inc., et al. Ninth District Court of Appeals, Action #10-36142, 11-35020 (November 16, 2012) _____F3d_____ In this case, the Ninth Circuit reversed a $10.2 million jury award in favor of...more

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