Toxic Torts Civil Procedure

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Environmental exposure: a step towards compensation of neighbours of former asbestos-using plants?

On 22 October 2015, the Paris Civil Court ("Tribunal de grande instance de Paris") handed down a judgment concerning environmental exposure to asbestos which could pave the way towards compensation of neighbours of industrial...more

The Ongoing Water Crisis in Flint, Michigan

Last week, citizens of Flint, Michigan filed two class-action lawsuits against Gov. Rick Snyder, Michigan Department of Health & Human Services, Michigan Department of Environmental Quality, and other government officials. ...more

"Mass Tort and Consumer Class Action Outlook: Opportunities and Challenges"

In 2016, the U.S. Supreme Court is expected to hand down several decisions addressing overbroad or “no-injury” class actions, and a number of important issues are percolating in the lower courts as well. Below are some issues...more

Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016, Passes House and Heads to Senate

On January 8, the U.S. House of Representatives passed, by a 211-188 vote along party lines, H.R. 1927, the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016. The bill would amend U.S....more

Subcontractor Performing Services may be Liable in Strict Liability For Purchasing and Installing Defective Products in Fulfilling...

Jovana Hernandezcueva v. E. F. Brady Company, Inc. - Court of Appeal, Second Appellate District, Division Four (December 22, 2015) - The doctrine of strict liability is ordinarily inapplicable to transactions...more

T&H Case Study: Reconstructing the History of a City Block

Much of the work we do in support of environmental law and toxic tort cases involves compiling comprehensive site histories. We work with our clients to come up with cost-efficient research strategies to compile these site...more

Court Denies Reconsideration Of Order Staying Action To Compel Arbitration

A federal district court refused to reconsider its order staying Allstate’s action to compel arbitration against its insured, A.O. Smith. The case involved a Settlement/Coverage-in Place Agreement between A.O. Smith and...more

Class Action Round-Up: Fall 2015

Where the (Class) Action Is - Moving into the second half of 2015, there is no shortage of interesting cases across the spectrum of class action issues and claims. In this edition of the Round-Up, courts continue to...more

The Class Action Chronicle - Winter 2015

This is the 10th 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 issued...more

Court Grants Motion To Dismiss In Row Between Insured, Insurer, And Third-Party Claim Administrators

A district court in Ohio granted defendants National Indemnity Company (“National”) and Resolute Management, Inc.’s (“Resolute”) motion to dismiss in an asbestos coverage dispute. Plaintiff, industrial manufacturer the...more

New York Appellate Court Affirms Evidentiary Ruling In Favor Of Cedent

In a dispute regarding reinsurance coverage for the settlement of asbestos-related claims for nearly a billion dollars, on October 29, 2015, a New York appeals panel affirmed a New York state trial court decision, which...more

Illinois Asbestos Court Rules on Personal Jurisdiction in First Post-Daimler Decisions

In what is believed to be the Court’s first post-Daimler written decisions on the issue, Madison County, Illinois Judge Stephen A. Stobbs recently issued two decisions addressing whether the Court has personal jurisdiction...more

Insurer’s Action To Arbitrate Stayed In Lieu Of Earlier-Filed State Court Coverage Action

An Illinois federal court recently stayed an insurer’s petition to compel arbitration of a dispute with its policyholder, finding that abstention in favor of an earlier-filed suit involving the parties was appropriate under...more

Maryland Court of Appeals Holds that Expert Is Not Permitted to Opine as to Source of Lead Paint Exposure Based Solely Upon...

On October 16, 2015, in Jakeem Roy v. Sandra B. Dackman, et al., No. 6, Sept. Term 2015 (Md. Oct. 16, 2015), the Court of Appeals of Maryland held that a pediatrician is not qualified to offer an expert opinion regarding the...more

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

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

Jury in C-8 Exposure Case Awards $1.6M in Compensatory Damages, Denies Punitives

An Ohio federal jury in October handed out the first verdict in multi-district litigation (“MDL”) against E.I. DuPont de Nemours and Co. related to ammonium perfluorooctanoate, or C-8, in drinking water around DuPont’s...more

Court Allows Pennsylvania Punitive Damages Claims in Petroleum Exposure Case

The judge in a petroleum exposure case will allow a jury to decide whether a gas station operator and its environmental consultant recklessly failed to inform a plumber of the risks of working in an excavated pit with a...more

Third Circuit Affirms First-Filed Rule to Nix Toxic Tort Forum Shopping

Chastising the Plaintiffs for forum shopping, the United States Court of Appeals for the Third Circuit upheld a district court’s decision to dismiss a matter with prejudice on the grounds that the Plaintiffs had previously...more

Seventh Circuit Affirms Exclusion of Plaintiffs’ Causation Experts in Vinyl Chloride Case

Underscoring the importance of sound science in expert opinions, the United States Court of Appeals for the Seventh Circuit upheld the exclusion of expert testimony that did not adequately draw or extrapolate from reliable...more

Texas Appellate Court Sides with Energy Industry by Requiring Personal Injury Plaintiffs to Submit Expert Testimony in Nuisance...

In a significant victory for the energy industry, on October 7, 2015, the San Antonio Court of Appeals affirmed summary judgment in favor of Marathon Oil Corporation, Marathon Oil EF, LLC (together “Marathon”) and Plains...more

Plaintiff’s Mere Presence in Area Where Asbestos is Present Insufficient to Establish Bystander Exposure

In Schiffer v. CBS Corporation (filed 9/9/15; modified 9/30/15), the California Court of Appeal, First Appellate District, affirmed summary judgment in favor of the defendant asbestos insulation manufacturer finding...more

Federal Court Allows Sealing Of A Petition Seeking Confirmation Of Arbitral Award

On August 14, 2015, a federal district court in New York entered an order allowing a petition to confirm an arbitration award to be filed in redacted form with the arbitration award to be filed under seal. The case is pending...more

September 2015: Product Liability Litigation Update

Ninth Circuit Restricts Scope of CAFA’s “Local Single Event” Exception. In Allen v. Boeing Co., 784 F.3d 625 (9th Cir. 2015), the Ninth Circuit recently held that a case did not fall within the Class Action Fairness Act’s...more

Settlement – Recovering Costs Under CCP § 998 – Multiple Defendants’ Settlement Offer

Brian Kahn v. The Dewey Group, et al. - California Court of Appeal, Second Appellate District (September 8, 2015) - Code of Civil Procedure section 998 (§ 998) is a tool that allows litigants to further settlement...more

Yaiguaje v Chevron Corporation: Supreme Court releases leading decision on the enforcement of foreign judgments in Canada

Summary - - Supreme Court of Canada favours a relaxed approach to the recognition and enforcement of foreign judgments in Canada. - For a Canadian court to recognize and enforce a foreign judgment, a judgment...more

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