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Manufacturing Matters – Winter 2015

In This Issue: - Pre-action costs protection in environmental claims - Shared Parental Rights – what you need to know - Due diligence on your partner in China – are you talking to the right person? - An Interview...more

Illinois Court Finds Duty to Defend Underlying Toxic Tort Claims

In its recent decision in Ill. Tool Works Inc. v. Travelers Cas. & Sur. Co., 2015 IL App (1st) 132350 (Ill. App. Ct. 1st Dist. 2015), the Appellate Court of Illinois, First District, had occasion to consider whether an...more

New Requirements for Proposition 65 Warnings Proposed

On January 12, 2015, California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed the first significant revisions to Proposition 65’s warning requirements since the 1980s. The updated regulations seek to...more

Canada's New Substances Program Publishes Risk Assessment Summary for Multi-Wall Carbon Nanotubes

Canada announced on January 9, 2015, that the New Substances Program has published six new risk assessment summaries for chemicals and polymers, including a summary for multi-wall carbon nanotubes. Environment Canada and...more

Chicago Federal Court Bars Expert Testimony Espousing the “Any Exposure” Theory

On December 22, 2014, in a pre-trial ruling, the U.S. District Court for the Northern District of Illinois, in Krik v. Crane Co., et al., No. 1:10-cv-07435 (N.D. Ill. December 22, 2014) barred perennial plaintiff’s expert Dr....more

Res Judicata Prevents Plaintiff from Recovering Exemplary Damages

Earlier this month, in Oleszkowicz v. Exxon Mobil Corp., et al., 2014-0256 (La. 12/9/14), 2014 WL 7009533, the Supreme Court of Louisiana barred a plaintiff from relitigating an exemplary damages claim arising from alleged...more

California Proposition 65 Warning Requirements for DINP Effective December 20, 2014

On December 20, 2014, California’s Proposition 65 warning requirements for consumer, occupational, and environmental exposures to diisononyl phthalate (“DINP”) will take effect. ...more

One Expert In, One Expert Out in Illinois Asbestos Case

An Illinois federal judge recently approved only one of two well-known asbestos experts to testify in a former pipefitter’s asbestos exposure case. U.S. District Judge John Z. Lee of the Northern District of Illinois held...more

"Damages" in an Injury Lawsuit: An Introduction for Lay People [Video]

Anyone who has survived a serious injury caused by someone else's fault wants to know what the legal system provides by way of hard dollars. In this video, attorney Alfred Clarke explains the different types of "damages" an...more

Your Deposition: What to Expect [Video]

Depositions sound intimidating to any lay person involved in a civil lawsuit. Whether the case is about a personal injury, a commercial dispute, an employment issue or any other kind of claim that winds up in civil court,...more

Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant) [Video]

Confidentiality agreements at the end of injury lawsuits are commonplace, but often are bad for the injured person, and bad for the civil justice system, in ways that lawyers sometimes don't think through. When settling a...more

October 2014: Product Liability Update

Some Courts Loosening Restrictions on Punitive Damages. The 1990s and 2000s saw many developments 9 restricting the frequency and size of punitive damages awards in tort litigation, including both state tort-reform...more

Employers’ Asbestos Liabilities Do Not Extend to Workers’ Spouses

Two federal judges recently dismissed the claims of the spouses of workers who purportedly carried asbestos fibers home from their workplaces. In July 2014, the U.S. District Court for the Western District of Oklahoma...more

Karl Rove's Efforts to "Buy" Courts Harmed America, Says Legendary Attorney [Video]

Oct. 8, 2014 (Mimesis Law) -- Fred Levin, one of the most successful and controversial plaintiffs lawyers in America, talks with Lee Pacchia about a new book by Josh Young detailing his colorful life and his views on civil...more

Third-Party Protections In Mass Tort Chapter 11 Cases

A defendant facing thousands of mass tort lawsuits in federal and state courts throughout the country often will seek to address the litigation by seeking Chapter 11 relief under the Bankruptcy Code. The Chapter 11 process...more

The Class Action Chronicle - Fall 2014

This is the fifth 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

Continuing Litigation Over Titanium Dioxide in Sunscreen and Cosmetics Underscores Importance of Exposure Assessments in...

In an ongoing Proposition 65 litigation brought in late 2013 by the Public Interest Alliance (PIA) targeting more than 100 sun-protection and powder-cosmetics manufacturers, plaintiff claims defendants’ products expose...more

In re Paulsboro Derailment Cases: Putting the Brakes on Defendants’ Momentum Regarding Recent Ascertainability Developments Within...

In a recent unpublished decision, Judge Robert B. Kugler of the United States District Court for the District of New Jersey addressed the rapidly developing “ascertainability” requirement in class action litigation within the...more

Texas Supreme Court opinions (7/14)

1. No. 10-0775, Bostic v. Georgia-Pacific Corp. -- This is a mesothelioma case. The overarching issue is whether the causation standard announced in Borg-Warner Corp. v. Flores (which was an asbestosis case) also applies to...more

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

Court of Appeal Affirms Dismissal of Cases Brought by Foreign Banana Farm Workers Claiming Exposure to Chemicals Rendered Them...

On March 7, 2014, the California Court of Appeal in Los Angeles put an end to years of toxic tort litigation by affirming a trial court’s ruling to grant petitions for writ of error coram vobis, affirming dismissal of a case...more

Polsinelli Podcast - Business Litigation Survival Guide [Video]

If you own a business the reality is that one day you will likely face a lawsuit. That may mean a lawsuit you have to bring to enforce an agreement or protect your company, or one you have to defend against a disgruntled...more

Toxic Tort & Product Liability Quarterly Volume 7, Number 2

MASS TOXIC TORTS - West Virginia Chemical Spill Prompts Wave of Lawsuits - The January 9th, 2014 chemical release at a Freedom Industries, Inc. facility in West Virginia has shown, yet again, that major...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

Baltimore City Circuit Court Rejects Attempt to Consolidate Asbestos Cases

Order refusing to consolidate more than 13,000 non-mesothelioma cases continues a U.S.-wide trend of courts moving away from mass trial consolidations in asbestos cases. On March 5, the Circuit Court for Baltimore...more

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