Asbestos Litigation

Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk [Video]

by Bloomberg Law on 5/22/2013

May 22 (Bloomberg) -- AMF Bowling Worldwide Inc. and Ahern Rentals Inc. are prime examples of the frothy market where junk-bond investors are fearless in the face of risk, as Bloomberg Law's Lee Pacchia and Bloomberg News...more

Following in Ohio’s Footsteps: The Expansion of Asbestos Transparency Legislation

by Rachel Reynolds | Sedgwick LLP on 5/16/2013

Asbestos personal injury trusts proliferated after many of the early primary asbestos product manufacturers reorganized under bankruptcy law. It is estimated that nearly 100 companies have declared bankruptcy in the face of...more

Recent Pennsylvania Superior Court Decision Highlights Importance of Objections to Preserving Issues for Appellate Review

by Arleigh Helfer | Schnader Harrison Segal & Lewis LLP on 5/10/2013

The Superior Court recently held that an attorney’s failure to make timely or effective objections to the composition of a jury prevented a trial court from vacating a judgment and granting a mistrial. The Superior Court’s...more

Kaiser Opinion May Affect Ability to Stack Policies issued by Single Carrier

by Unnati Gandhi | Farella Braun + Martel LLP on 5/6/2013

Policyholders should continue to assert that limits can be stacked in situations where there is continuing damage, despite the California Court of Appeals’ latest decision in Kaiser Cement & Gypsum Corp. v. Insurance Company...more

What to Look for in a Mesothelioma Attorney

by Farrise Law Firm on 4/25/2013

Search “mesothelioma” on Google and you might find hundreds of law firms clamoring to handle your case. It can be overwhelming to sort out, but it doesn’t have to be. When you are trying to find the right lawyer for you, make...more

Product Liability Update - April 2013

by Foley Hoag LLP on 4/23/2013

In This Issue: - United States Supreme Court Holds Class Certification Improper Absent Showing Plaintiffs’ Damages Can Be Measured on a Classwide Basis through Use of a Common Methodology that Is Consistent with...more

Asbestos Alert: A Single Exposure May Be “Substantial,” and Evidence of Lobbying Is Not Excluded Under The Noerr-Pennington...

by Guy W. Stilson | Low, Ball & Lynch on 4/23/2013

The Court of Appeal has reversed a nonsuit in favor of Amcord based on an epidemiologist’s testimony that a hypothetical worker who poured a bag of gun plastic cement would be at an increased risk for developing mesothelioma....more

California Court of Appeal Again Finds No Stacking of Liability Policy Limits

by Larry Golub | Barger & Wolen on 4/15/2013

Nearly two years ago, the California Court of Appeal for the Second Appellate District issued a decision that upheld the concept of horizontal exhaustion of primary liability policy limits before triggering the obligation of...more

Drywaller Awarded $27 Million for Asbestos Exposure

by Sylvia Hsieh | Lawyers.com on 4/1/2013

A drywall worker who built houses during the California housing boom in the 1970s, when asbestos was used in virtually every type of building material, has won a $27 million jury award for a cancer caused by the toxic...more

Asbestos Alert: Barabin v. AstenJohnson, Inc., et al. Ninth District Court of Appeals, Action #10-36142, 11-35020 (November 16,...

by Guy W. Stilson | Low, Ball & Lynch on 4/1/2013

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

Asbestos - Does it matter?

by Matthew J. Wilson | Lerners LLP on 3/20/2013

Asbestos was often used in the construction of residential properties, particularly in the 1950s to 1970s. Asbestos was primarily used as an insulator because it is heat resistant and has a high tensile strength. It was...more

Patton Boggs Reinsurance Newsletter - March 2013: A Brief Review of Reinsurance Trends in 2012: Late Notice

by Patton Boggs LLP on 3/19/2013

Although late notice cases are infrequent, 2012 featured some notable decisions, highlighting the implications of choice-of-law and state-law differences on the requirement of a show of prejudice. For instance, in Pacific...more

Court Affirms that Medical Science Supports “Continuous” Asbestos Trigger

by Kami Quinn, João Santa-Rita | Gilbert LLP on 3/18/2013

In the recent Plant Insulation case, a California court addressed the evolution of the medical science behind the “continuous” asbestos trigger....more

California Supreme Court Holds Suits Against Dissolved Foreign Corporations Subject to Survival Statutes of State of Incorporation

by Charles Wheeler | Cozen O'Connor on 3/1/2013

Greb v. Diamond International Corp., __ Cal.4th __, __ Cal. Rptr.4th __ (February 21, 2013) In a victory for liability insurers against the asbestos plaintiffs’ bar, the California Supreme Court ruled in Greb v. Diamond...more

Asbestos Alert: Supreme Court Clarifies When Dissolved Corporations May Be Sued Greb v Diamond International Corp...

by Thomas LoSavio | Low, Ball & Lynch on 2/25/2013

Dissolved corporations are frequently sued after their dissolution has taken place in an effort to reach insurance policy coverage for the claim being made. California has a statute, Corporation Code §2010, which does not...more

In the Matter of Krafft-Murphy Co., Inc., C.A. No. 6049-VCP (Del. Ch. Feb. 4, 2013) (Parsons, V.C.)

by Potter Anderson & Corroon LLP on 2/15/2013

In this opinion, the Court of Chancery denied a motion for judgment on the pleadings by certain asbestos claimants (the “Claimants”) seeking appointment of a receiver under 8 Del. C. § 279, holding that the dissolved...more

REINSURANCE CLIENT ALERT: New York Court of Appeals Reverses Summary Judgment on Follow-The-Settlements Case

by Larry Schiffer | Patton Boggs LLP on 2/11/2013

U.S. Fid. & Guar. Co. v. Am. Re-Ins. Co., No. 1 (N.Y. Ct of App. Feb. 7, 2013) - In a closely watched asbestos settlement allocation case, the New York Court of Appeals has modified the order of an intermediate appellate...more

Patton Boggs Insights - December 2012: Litigation/Courts: $48 Million Verdict Tops Mesothelioma Awards

by Patton Boggs LLP on 1/24/2013

In the largest mesothelioma award in California this year, a Los Angeles County jury awarded a mesothelioma victim and his family $48 million against several firms, including at least two cement companies....more

"Every Breath" Theory: On Its Last Breaths?

by Sharon Caffrey, Erin Carter, Alyson Lotman | Duane Morris LLP on 1/23/2013

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

A Toxic And Mass Tort Update: Illinois Supreme Court Limits "Forum Shopping"

by Polsinelli on 1/14/2013

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

Toxic Tort and Environmental Law Update: January 2013 - Ninth Circuit Vacates $10 Million Asbestos Verdict, Citing Trial Court’s...

by Eliot Harris | Sedgwick LLP on 1/7/2013

The Ninth Circuit Court of Appeals recently vacated a $10 million jury verdict and remanded Barabin v. AstenJohnson, Inc, et. al. back to Washington federal district court for a new trial after concluding that the district...more

Toxic Tort and Environmental Law Update: January 2013 - New Ohio Asbestos Legislation Is A Step In The Right Direction…But There...

by Rachel Reynolds | Sedgwick LLP on 1/7/2013

On December 20, 2012, Ohio Governor John Kasich signed into law House Bill 380, which is aimed at remedying inequities in asbestos litigation. HB 380 addresses the issue of bankruptcy trust claims and their impact on pending...more

Illinois Supreme Court Rejects Forum Shopping in Asbestos Case

by Kirk Jenkins | Sedgwick LLP on 12/31/2012

May a lifelong resident of Mississippi who alleges that he was exposed to asbestos and assorted other allegedly toxic agents while working out of the defendant's Jackson Mississippi facility nevertheless sue for his alleged...more

Previous Testimony Okay In Florida Georgia-Pacific Asbestos Case

by Tate Law Group, LLC on 12/22/2012

Georgia Pacific continues to be the subject of thousands of lawsuits related to mesothelioma problems arising from their use of asbestos in the 1960s and 1970s. In a setback for the company, the 4th circuit court in Florida...more

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Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk [Video]

Following in Ohio’s Footsteps: The Expansion of Asbestos Transparency Legislation

Recent Pennsylvania Superior Court Decision Highlights Importance of Objections to Preserving Issues for Appellate Review

Kaiser Opinion May Affect Ability to Stack Policies issued by Single Carrier

What to Look for in a Mesothelioma Attorney

Product Liability Update - April 2013

Asbestos Alert: A Single Exposure May Be “Substantial,” and Evidence of Lobbying Is Not Excluded Under The Noerr-Pennington...

California Court of Appeal Again Finds No Stacking of Liability Policy Limits

Drywaller Awarded $27 Million for Asbestos Exposure

Asbestos Alert: Barabin v. AstenJohnson, Inc., et al. Ninth District Court of Appeals, Action #10-36142, 11-35020 (November 16,...

Asbestos - Does it matter?

Patton Boggs Reinsurance Newsletter - March 2013: A Brief Review of Reinsurance Trends in 2012: Late Notice

Court Affirms that Medical Science Supports “Continuous” Asbestos Trigger

California Supreme Court Holds Suits Against Dissolved Foreign Corporations Subject to Survival Statutes of State of Incorporation

Asbestos Alert: Supreme Court Clarifies When Dissolved Corporations May Be Sued Greb v Diamond International Corp...

In the Matter of Krafft-Murphy Co., Inc., C.A. No. 6049-VCP (Del. Ch. Feb. 4, 2013) (Parsons, V.C.)

REINSURANCE CLIENT ALERT: New York Court of Appeals Reverses Summary Judgment on Follow-The-Settlements Case

Patton Boggs Insights - December 2012: Litigation/Courts: $48 Million Verdict Tops Mesothelioma Awards

"Every Breath" Theory: On Its Last Breaths?

A Toxic And Mass Tort Update: Illinois Supreme Court Limits "Forum Shopping"

Toxic Tort and Environmental Law Update: January 2013 - Ninth Circuit Vacates $10 Million Asbestos Verdict, Citing Trial Court’s...

Toxic Tort and Environmental Law Update: January 2013 - New Ohio Asbestos Legislation Is A Step In The Right Direction…But There...

Illinois Supreme Court Rejects Forum Shopping in Asbestos Case

Previous Testimony Okay In Florida Georgia-Pacific Asbestos Case

Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk [Video]

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