Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
Recent action by the United States Court of Appeals for the Ninth Circuit should provide a cautionary tale to attorneys who litigate mesothelioma cases on behalf of plaintiffs throughout California, Oregon and Washington...more
In Anderson v Krafft-Murphy Co. Inc., 2013 Del. LEXIS 597 (Del. Nov. 26, 2013), the Delaware Supreme Court held that Sections 278 and 279 of the Delaware General Corporation Law, 8 Del. C. §§ 278-279, require a dissolved...more
Court finds in Tooey that Pennsylvania Workers’ Compensation Act does not bar latent occupational disease lawsuits against employers.
On November 22, the Pennsylvania Supreme Court in Tooey et al. v. AK Steel Corp. et...more
New Hampshire Ins. Co. v. Clearwater Ins. Co., No. 653547/2011, 2013 N.Y. Misc. LEXIS 5117 (N.Y. Sup. Ct. Oct. 31, 2013).
A New York State motion court granted part of a cedent’s motion for summary judgment in a case...more
Only now, after decades of exposure, are victims of mesothelioma and their families learning the cause of their afflictions and seeking justice for the suffering they have been forced to endure. Unfortunately, the delay has...more
Asbestos defendants are one step closer to greater transparency regarding the often illusive bankruptcy trust claims and payments. On Wednesday, November 13, 2013, the U.S. House of Representatives passed H.R. 982, the...more
With the bankruptcy of dozens of traditional defendants in asbestos litigation, plaintiffs' attorneys have been creative in pursuing claims in previously untapped areas. One such area is alleged oilfield worker exposure via...more
The California Court of Appeals, Fifth Appellate District, recently upheld a trial court’s order denying a motion to strike a malicious prosecution action filed by a defendant in a previous asbestos lawsuit dismissed on the...more
In a unanimous decision, New Jersey’s intermediate appellate court applied the statute of repose and the independent contractor defense and reversed a $1.8 million verdict awarded to the widow of a union asbestos insulator. ...more
Asbestos exposure in the workplace has been described as the worst American industrial accident ever — for good reason. Asbestos was used in a broad variety of industries — electrical power generation, building materials, and...more
On September 10, 2013, the Ninth Circuit Court of Appeals affirmed the dismissal of an asbestos lawsuit brought against the owner of a shipyard in Puget Sound on the basis that “no reasonable fact finder could conclude that...more
RECENT CASE SUMMARIES -
GOOD NEWS FOR ARBITRATORS FROM THE SUPREME COURT?
Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064 (2013).
In a non-reinsurance case, the United States Supreme Court recently...more
To advance claims against as many defendants as possible, plaintiff attorneys in asbestos litigation routinely attempt to introduce expert testimony to the effect that “each and every exposure” to asbestos was a “substantial”...more
Maryland's highest appellate court ruled last week that a plaintiff's expert in an asbestos injury lawsuit could testify that every single exposure to asbestos substantially contributes to the development of mesothelioma,...more
Judge Beryl A. Howell of the District of Columbia District Court issued a trial court opinion in May 2013 that, if followed by other circuit or state courts, could substantially impact the threshold for causation in...more
In Georgia Pacific LLC v. Farrar, No. 102 Sept. Term 2012, 2013 WL 3456573 (Md. July 8, 2013), Maryland’s highest court established that manufacturers of asbestos-containing products cannot be liable to household members...more
Asbestos is also arguably the biggest workplace killer of the 20th and 21st centuries. The numerous asbestos-related diseases, which can be caused by inhalation of just one single fiber of the substance, can take many years...more
It has been recently reported in Law360 that the Court of Appeals of Maryland, in Dixon v. Ford Motor Co., No. 82, 2013 Md. LEXIS 465 (Md. July 25, 2013), broke with established precedent and endorsed the “any exposure”...more
I. Introduction -
The last few decades of tort litigation in America have been marked primarily by a surge in filings of asbestos, silica and other delayed manifestation bodily injury and property damage claims. These...more
The U.S. District Court, District of Columbia in Wannall v. Honeywell International, Inc., Civil Action No. 10-351 (BAH), recently granted Honeywell International’s motion to reconsider the previous denial of its motion for...more
A California Court of Appeal panel recently broadened a plaintiff’s ability to prove specific causation by holding that a plaintiff need not retain a medical professional to opine that the defendant’s product was a...more
Following the discovery that the cancer hazards from exposure to asbestos was very well known within the private information and company files of companies that sold raw asbestos fiber, chose it as an ingredient to go into...more
Asbestos bankruptcy trusts operate independently of each other, with claims paid to victims who may also be eligible to receive trust benefits from other bankruptcy trusts set up to help people exposed to asbestos from...more
AIU Ins. Co. v. TIG Ins. Co., No 07 Civ. 7052 (SHS), 2013 U.S. Dist. LEXIS 41716 (S.D.N.Y Mar. 25, 2013).
In a rare late notice case, a New York federal court examined whether the cedent's notice under nine facultative...more
The Texas legislature has taken a significant step toward clearing what some regard as very cluttered asbestos and silica dockets. The Texas legislature passed and sent to the governor House Bill 1325 (“HB 1325”) to provide a...more