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Ninth Circuit Narrows Insurers' Options in Pursuing Subrogation Claims Under CERCLA - Why it matters: The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties...more
On March 25, 2013, the Ninth Circuit ordered that this case be reheard en banc. The hearing is currently expected to go forward during the week of June 24, 2013 in Seattle, Washington. A decision is expected within three...more
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
In This Issue: Letter from Chair; Key Practice Highlights; Aviation; Consumer Products and Toxic Torts; Pharmaceutical Products and Medical Devices; Awards + Rankings; Publications; Key Contacts. Excerpt from...more
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
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
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
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
The Supreme Court of Washington recently decided the case of Macias v. Saberhagen Holdings, Inc. – a decision that flows against the trend of courts ruling that manufacturers of non-asbestos containing products cannot be held...more
Mack v. General Electric Co., et al U.S.D.C., ED Pennsylvania, Action #2:10-78940-ER, (October 3, 2012) MDL No. 875, _____ F. Supp.2d _____ Deciding two issues of first impression, Judge Eduardo C. Robreno, Jr., who...more
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
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
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
In Karen L. Lawrence v. Philip Morris USA, Inc., No. 2011-574 (N.H. August 21, 2012), the New Hampshire Supreme Court overturned a class certification that had been granted in a case brought under the New Hampshire Consumer...more
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
Our readers recognize that Philadelphia (home base for MassTortDefense) is a hot-bed of mass tort activity, administering those cases through a Complex Litigation Center. Now comes important news that the Honorable...more
In a 5-2 decision released Friday, July 8, the Florida Supreme Court held that the retroactive application of the 2005 Asbestos and Silica Compensation Fairness Act (Act) is unconstitutional because it divested the named...more
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
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
Whether subsequent design change evidence is admissible in a product liability case depends on where the case is venued. The Federal Rules of Evidence and many states courts exclude such evidence as irrelevant and against...more
On June 28, 2011, Pennsylvania Gov. Tom Corbett signed into law Senate Bill 1131; and in doing so, the future of joint and several liability in Pennsylvania was reduced to a list of exceptions. The new law provides that...more
In Dutch. De productie en het gebruik van kernenergie voor vreedzame doeleinden brengen, ondanks de strenge veiligheidseisen, gevaren met zich, bestaande in exceptionele risico's voor mens, dier en milieu. Op zichzelf genomen...more
One of the more interesting recent developments in federal procedural law has been the new “plausibility” pleading standard set forth in the twin Supreme Court decisions in Twombly and Iqbal. Over the past year, we have been...more
THE INTERNET AGE BRINGS NEW OPPORTUNITIES TO ATTRACT NEW CUSTOMERS. BUT DO YOU KNOW THE LATEST ONLINE TRENDS? A WEBSITE BLOG IS A GREAT WAY TO ADVERTISE YOUR BRAND WHILE GIVING GOOD INFORMATION TO POTENTIAL CLIENTS.THE GOOD...more
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