Personal Injury Products Liability Toxic Torts

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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

New York’s Highest Court Reaffirms Specific Causation Rule under Parker in Toxic Tort Cases

On March 27, 2014, New York’s Court of Appeals issued a ruling reversing an Appellate Division decision and sustaining the lower court’s decision granting a defendant’s motion to dismiss the plaintiff’s complaint alleging...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

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

Plaintiff's Rights Regarding an Independent Medical Examination

When plaintiff receives a demand for a physical examination he or she have 20 days after the service of the demand to serve their response. More likely than not, plaintiff counsel is going to allow the plaintiff to submit to...more

Oklahoma Supreme Court Holds Comprehensive Lawsuit Reform Act of 2009 Unconstitutional

In 2009, Oklahoma joined the list of states attempting to curb “lawsuit abuse” by passing the Comprehensive Lawsuit Reform Act of 2009 (CLRA of 2009). Arguably the most sweeping legislation affecting the practice of law in...more

Historical Tort System Claim Values Cannot Be Reduced By "Nuisance" Settlements and "Implicit Defense Costs" To Determine Present...

Delaware Bankruptcy Judge Judith Fitzgerald in the bankruptcies of Specialty Products Holding Corp. (a/k/a RPM, Inc.) and Bondex International, Inc. rejected the Debtors’ “novel” claim estimation approach that reduced from...more

I've Got This Doctor You Gotta See!

In most personal injury actions the plaintiff is served with a Notice for an Independent Medical Examination. It has become so commonplace that no one really thinks twice about the demand. However, there are a few...more

Gilbert LLP Convinces Sixth Circuit to Rule in Favor of Asbestos-Containing product Manufacturer-Policyholders

Comprehensive general liability policies limit the amount the insurer has to pay for each “occurrence”, which is typically defined as an “accident” or “exposure to [injurious] conditions”. Insurers and policyholders...more

"Every Breath" Theory: On Its Last Breaths?

The "every breath," or cumulative exposure opinion, has been proffered by plaintiffs' experts in asbestos cases to prove specific causation, regardless of the type of product or amount of exposure. The U.S. District Court for...more

Navigating Mass Torts and Product Liability (MTPL) Litigation in the U.S. Legal System: Litigation Challenges for Japanese MTPL...

In This Presentation: • Challenges of U.S. Courts • Specialized and Aggressive Plaintiff’s Bar and Contingency Fees • Jury Trials • Pretrial Discovery • Personal Jurisdiction • U.S.-Based Subsidiaries •...more

A Toxic And Mass Tort Update: Illinois Supreme Court Limits "Forum Shopping"

In its December 28, 2012 decision, the Illinois Supreme Court issued a forum non conveniens decision reversing the St. Clair County Court and directing the trial court to dismiss plaintiff's asbestos case. Fennell v. Illinois...more

Practical Implications Of Howell v. Hamilton Meat

The collateral source rule in a personal injury action or tort claim generally prevents the admission of evidence that the plaintiff will be compensated from a source other than the defendant for his/her injuries. This rule...more

Lone Pine Order Forces Plaintiffs to Ante Up

Last week, the court in In re: Fosamax Products Liability Litigation granted Defendant Merck & Co.’s motion for a Lone Pine order. No. 06 MD 1789 (S.D.N.Y. Nov. 20, 2012). Lone Pine orders are valuable tools in defending mass...more

Asbestos Alert: Maryland Court Rules on Substantial Factor

Dixon v. Ford Motor Company - Court of Special Appeals of Maryland (June 29, 2012) 2012WL2483315 A recent decision of the Maryland Court of Special Appeals may provide the basis for persuasive argument in California...more

Asbestos Alert! Analysis of Robinson v SSW, Inc.

This is an analysis of an asbestos wrongful death case where the claim was defeated because the defendant non-California corporate entity had dissolved. The court of appeal held that although California law contains a...more

COITO v. SUPERIOR COURT--Is It Heading Back to the Supreme Court?

On August 14, 2012, Judge William A. Mayhew of Stanislaw Superior Court issued his Notice of Hearing on Issues Re Remand in the case of Debra Coito v. State of California. The order requested that the following issues to be...more

Young Lawyers' Recommended Reading List

A summary of four key books for young lawyers to read to assist in obtaining a better grasp on their trial advocacy skills in the courtroom. These four books will assist in defeating defense strategies and connecting with...more

Asbestos Alert! Analysis of Dixon v. Ford Motor Company

Analysis of Maryland appellate case regarding 'substantial factor' anslysis in asbestos litigation. Testimony of plaintiff expert Dr. Laura Welch was thrown out by the Court of Appeal (reversing the lower court) because her...more

Class Action Suits

Ankin Law is currently investigating mass tort cases. If you or anyone you know would like to consult about these situations, please call....more

Asbestos Alert! Analysis of Macias v. Saberhagen Holdings, Inc.

Analysis of Washington state court decision extending asbestos exposure liability to manufacturers of certain non-asbestos containing products....more

Asbestos Alert! Analsys of Casey v. Perini Corporation

Analysis of asbestos personal injury case. Plaintiff worked alongside Perini employees on a building construction site and later sued for asbestos-related injuries. Perini moved for summary judgment, claiming plaintiff could...more

Are Class Action Changes Coming to New Jersey?

Are Class Action Changes Coming to New Jersey? by CJ Griffin on June 5, 2012 Changes to New Jersey’s laws governing class action lawsuits could be on the horizon. Last month, the New Jersey Assembly Judiciary Committee...more

Types of Asbestos

Asbestos is a naturally-occurring mineral that is found in six different varieties, each of which can be used for different industrial or manufacturing applications. Workers who are exposed to asbestos may face an increased...more

Bettencourt v Hennessy Analysis

Analysis of California Court of Appeal decision in Bettencourt v Hennessy Industries. Hennessy made an arc grinding machine that, while it did not contain asbestos, was commonly used in a way that caused the release of...more

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