Toxic Torts Insurance Personal Injury

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Texas Supreme Court oral arguments (9/14)

No. 12-0803 -- Texas Dep't of Aging & Disability Servs. v. Cannon -- The plaintiff brought a wrongful-death case against the department and department employees. The department moved to dismiss the employees, arguing that...more

Storing Heating Oil In Residential Tank Is Not An Abnormally Dangerous Activity In New Jersey

The Appellate Division recent held that the storage of home heating oil in an underground storage tank is not an abnormally dangerous activity. In Ross v. Lowitz, the plaintiffs, John and Pamela Ross, owned property that was...more

Recent Massachusetts Decision Applies Pro-Rata Allocation and Continuous Trigger to Progressive Injury Claims, Including Asbestos...

What you need to know: A recent Massachusetts federal trial court ruling applied pro-rata allocation and continuous trigger to progressive injury claims arising from asbestos and toxic chemicals and metals....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

Illinois Appellate Court Endorses “All Sums” Allocation Rule for Asbestos Bodily Injury Losses under Excess and Umbrella Insurers

On March 5, 2013, the First District Appellate Court of Illinois ruled in John Crane, Inc. v. Admiral Ins. Co., 2013 IL App (1st) 093240-B that excess and umbrella insurers covering asbestos-related injury claims are jointly...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

Policy Observer - January 2013

It has been nearly three months since Superstorm Sandy battered the East Coast of the United States. With several hundred thousand residents still without homes and many businesses still operating out of temporary facilities,...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

Valuing A Litigation Claim

Law firms are increasingly using a multitude of factors to value cases. Valuation provides the parties a better means to identify the issues in litigation, discuss which ones are in dispute, and calculate a logical...more

Insuring Your Business -- October 2012

In This Issue: - What Law Applies When A Flood-Related Disaster Hits? - Farm Odors and Coverage Issues Arising from “Pollutant” Property Damages. Excerpt from What Law Applies When A Flood-Related Disaster...more

Insurance Coverage: October 2012

This past quarter brought us the long-awaited decision from the California Supreme Court on stacking of insurance policies. The Supreme Court has ruled that stacking of limits on successive policies is permitted on continuous...more

Missouri Federal Court Affirms Denial of Coverage Based on Pollution Exclusion

In its recent decision in Doe Run Resources Corp. v. Lexington Ins. Co., 2012 U.S. Dist. LEXIS 140981 (E.D. Mo. Sept. 28, 2012), the United States District Court for the Eastern District of Missouri had occasion to consider...more

Anti-Assignment Clause In Insurance Policy Does Not Prohibit The Assignment Of Claim

Policyholders asserting claims against an insurer for damages arising from a fire, environmental contamination or other causes need to pay close attention to the “fine print” contained in their policy. Assigning a claim...more

Representing Yourself in an Oregon Injury Claim

If you’ve been involved in an Oregon car accident, and you’ve been injured, you may be wondering how to file a personal injury claim yourself to avoid paying legal fees. But you don’t need a lawyer in every case. For...more

Brooks Cutter and Eric Ratinoff Teach "Discovering the Client's Story" at Gerry Spence Trial Lawyers College Regional Seminar

Partners at Sacramento Personal Injury and Class Action law firm, Kershaw, Cutter & Ratinoff, Brooks Cutter and Eric Ratinoff will share trial techniques with students at the Gerry Spence Trial Lawyers College California...more

Basics of Filing an Oregon Bus Accident Claim

Injured by a bus or on a bus? You may need help because buses are often owned by government agencies, which means the whole civil/personal injury process becomes more difficult and more complicated. ...more

Oregon State Time Limits for Filing Personal Injury Lawsuits

Statutes of limitation vary by state, so make sure to know the time limits for filing a personal injury lawsuit in the state where you had your accident. Learn the basic time limits for statutes in Oregon, including personal...more

Social Networking Site Warning Letter to Personal Injury Client

Social Networking by clients has become a ripe hunting ground for defense lawyers and others. Use this form with all new and existing clients....more

Ajlouny Injury Law Lauds Zadroga Act as a Victory for NYC 9/11 First Responders

Victims and their families can breathe easier, literally and figuratively, knowing they are eligible for compensation and health benefits under the Zadroga Act. If you are an EMT worker, NYC firefightre, NYC police office...more

IT'S NOT A BAD DREAM

It Is Not A Bad Dream The California Electronic Discovery Act...more

Death Worth Less Than Injury?

This article talks about how damages are calculated in a wrongful death suit in British Columbia. Many people are surprised to learn that grief is not compensable....more

Turn Your Case into a Winning Documentary

Show Them What Your Case is Really Worth. Let TV News Veterans Turn into a Broadcast Quality Documentary for Mediation. Here's what you should know:...more

Toxic Chemical Exposure - California Toxic Tort Lawyer Warns of Increased Dangers and Injuries to the Public

Toxic chemical exposure lawyers in California and throughout the U.S. are seeing a greater frequency of toxic chemical exposures and this article explains what may well be the cause. We are all more vulnerable to toxic...more

California Toxic Tort Lawyer On Toxic Fumes Exposure Injuries and Deaths at Hospitals, Medical Offices Nursing Homes, Schools,...

The risk of toxic Exposure at hospitals, medical offices, nursing homes, schools, shopping malls and other public places has never been more prevalent. California toxic fumes exposure and personal injury lawyer Sebastian...more

California Appellate Court Holds That Insurer Is Not Required to Show Proof of Prejudice to Deny Coverage Based On Failure to...

In Venoco, Inc. v. Gulf Underwriters Ins. Co., 2009 WL 1875640 (July 1, 2009), the Second District Court of Appeal affirmed a summary judgment entered in favor of Gulf Underwriters Insurance Company (“Gulf”) with regard to...more

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