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Asbestos Litigation Asbestos Employer Liability Issues

Goldberg Segalla

Delaware Workers’ Compensation Statute Bars Civil Claim

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Superior Court of Delaware, New Castle - Plaintiff Jeffery Saunders filed an action against numerous defendants, alleging that he was exposed to asbestos-containing products and sustained resulting injuries...more

Goldberg Segalla

Defendant’s Motion for Summary Judgment under Longshore and Harbor Workers’ Compensation Act Granted

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Court: United States District Court for the Eastern District of Louisiana - Plaintiff Frank P. Ragusa Jr. filed an asbestos-related lawsuit in Civil District Court for the Parish of Orleans alleging he was exposed to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

Jones Day

Anxiety From Asbestos Exposure: French Compensation Model Extended to Other Toxic Substances - The French Supreme Court (Cour de...

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In April 2019, the French Supreme Court opened the way for all workers exposed to asbestos to claim compensation for emotional distress, or "anxiety," caused by the fear of contracting a serious disease, even if claimants...more

Hogan Lovells

UK: Reinsurers entitled to reject “spiking” of mesothelioma losses

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In the first judgment to provide guidance on the allocation of mesothelioma liabilities at a reinsurance level, the Court of Appeal in Equitas Insurance Limited v Municipal Mutual Insurance Limited [2019] EWCA Civ 718 has...more

Husch Blackwell LLP

Toxic Tort Monitor: District Court Of Colorado Recognizes “Take-Home” Exposure Claim

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Recently, the U.S. District Court for the District of Colorado recognized a defendant’s potential liability based on take-home exposure. In Mestas v. Air & Liquid Systems Corporation et. al., No. 18-cv-01006, Plaintiff...more

Blank Rome LLP

The Next Wave of Asbestos Litigation: Examining the Duty of Care in Take-Home/ Secondary Asbestos Exposure Claims

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The Rise of Take-Home or Secondary Exposure Asbestos Claims - Take-home asbestos claims are asserted by or on behalf of individuals who claim an asbestos-related injury arising from exposure to asbestos fibers through...more

Husch Blackwell LLP

Delaware Supreme Court Holds That Both Manufacturers And Employers Can Be Liable For Take-Home Exposure

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In Ramsey v. Georgia Southern University Advanced Development Center, et al., C.A. No. N14C-01-287 ASB, Delaware’s Supreme Court reversed the decision of the Superior Court granting summary judgment to manufacturers of...more

Ruder Ware

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

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Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

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