Asbestos Litigation

News & Analysis as of

Asbestos Exposure Liability Decision May Affect Future "Take Home" Cases

Following recent court action, defendants up against "take-home" asbestos exposure claims may need to rethink their legal strategy. The Northern District of Illinois recently denied a Motion for Reconsideration of a...more

New York Decision Not Good For Asbestos, But Not Bad For Drug/Device

The recent decision of the New York Court of Appeals in In re New York City Asbestos Litigation, ___ N.E.3d ___, 2016 WL 3495191 (N.Y. June 28, 2016) (“NYCAL”), was not too good for asbestos defendants – as it permitted,...more

New Jersey Appellate Division Affirms Policyholder Victories for Coverage of Asbestos Claims

On July 20, 2016, the New Jersey Superior Court, Appellate Division, issued its opinion affirming the trial court’s entry of final judgment in favor of the policyholder, Honeywell International Inc. (“Honeywell”), on its...more

Toxic Tort and Environmental Litigation: In Asbestos Case, Court of Appeals Holds Manufacturer’s Duty to Warn Extends to Joint Use...

In In Re: New York City Asbestos Litigation, decided June 28,2016, the Court of Appeals tackled the question of whether a manufacturer must warn against a danger inherent in using its product together with a product designed...more

California's First District holding closes loophole for evading removal jurisdiction in insurance coverage declaratory relief...

California law has long held that the parent and controlling shareholder of an insured corporation has no standing to sue for breach of contract or bad faith under an insurance policy issued to the corporation. In a published...more

Component Parts Doctrine not Applicable to Products Used in Manufacturing Process That are not Incorporated into a Different...

Flavio Ramos, et al. v. Brenntag Specialties, Inc., et al. - California Supreme Court (June 23, 2016) - In cases of claimed injury from asbestos exposure, the component parts doctrine was designed to provide...more

“All Sums” Claims Another Victory, This Time In New York

In Viking Pump, Inc., et al. v. TIG Insurance Co., et al., 2016 N.Y. LEXIS 1018 (N.Y. May 3, 2016), policyholders scored a victory when New York’s highest court applied “all sums” allocation and vertical exhaustion. The...more

New York’s Highest Court Issues a Noteworthy Decision, Rejecting “Pro Rata” Allocation in the Asbestos Bodily-Injury Context

On May 3, the New York Court of Appeals unanimously held that an “all-sums” method of allocation should be used to apportion liability among excess insurers based on the policy language at issue in the case. Contrary to...more

New York High Court Applies All Sums Allocation To Long-Tail Claims Under Certain Insurance Policies

The New York Court of Appeals recently answered two certified questions from the Delaware Supreme Court concerning insurance allocation, and the Court’s answers may impact significantly policyholders litigating “long-tail”...more

Insurance Recovery Group News: New York Holds Excess Insurers Liable For “All Sums” Related To Long Tail Claims

For more than two decades, the problem of allocating the costs of long tail claims – such as environmental and asbestos claims – among multiple insurance carriers has generally been resolved in one of two ways. Courts in...more

New York’s Highest Court Creates Exception to Pro Rata Allocation

On May 3, 2016, the New York Court of Appeals answered two certified questions posed by the Delaware Supreme Court regarding the appropriate allocation method for long-tail claims among successive excess carriers. The first...more

New York High Court Gives the Bronx Cheer to Insurers’ Pro Rata Allocation and Exhaustion Arguments

Over time, New York’s courts have erected multiple barriers to policyholders seeking to recover insurance for long-tail, progressive injury claims—such as environmental or asbestos liabilities—that can implicate multiple...more

Illinois Federal Court Transfers “Late Notice” Reinsurance Dispute To Pennsylvania

R&Q Reinsurance Company issued a facultative reinsurance certificate to St. Paul Fire & Marine Insurance Company, which reinsured a policy issued by St. Paul to Walter E. Campbell, Co. The broker who placed the certificate...more

NY High Court’s ‘All Sums’ Allocation Ruling in Viking Pump is a Game Changer

On May 3, 2016, New York’s high court took a giant step forward in protecting policyholders facing latent injury claims, allowing them to avoid multiple deductibles, retentions and insolvent coverage. In the Matter of Viking...more

New York’s Highest Court Rules in Favor of “All Sums” and Vertical Attachment in Certified Question from Delaware Supreme Court

In the recent decision of Viking Pump, Inc., et al. v. TIG Insurance Co., et al., 2016 N.Y. LEXIS 1018 (N.Y. May 3, 2016), the New York Court of Appeals (New York’s highest court), on questions certified by the Delaware...more

Asbestos Alert: Asbestos Bankruptcy Trusts and Legislation

When asbestos litigation became extremely costly to defend, to settle and to pay judgments, companies began filing for protection under the Bankruptcy laws. In the three decades since Johns Manville and UNR Industries filed...more

Missouri Court Applies Borrowing Statute to Bar Illinois Asbestos Claims

In Wolfe, et al. v. Armstrong Int'l, Inc., et al., Cause No. 1522-CC11026 (Div. No. 4), the Circuit Court for the City of St. Louis, 22nd Circuit, entered an April 11, 2016, Order dismissing certain defendants from an...more

Exercise of General Jurisdiction Over Foreign Corporations Overturned

The Delaware Supreme Court overturned its long-standing precedent in Sternberg v. O'Neill, 550 A.2d 1105 (Del. 1988), and ruled that a foreign corporation's registration to do business in Delaware and related appointment of a...more

Genuine Parts Co. v. Cepec, C.A. No. N15C-02-184 (Del. April 18, 2016) (Strine, C.J.)

In this important decision construing the scope of Delaware’s registration statutes for foreign corporations, the Delaware Supreme Court ruled that such statutes provide a means for service of process, but do not confer...more

Sophisticated User Defense Does Not Extend to Salesman

Richard Moran III v. Foster Wheeler Energy Corporation - Court of Appeal, Second Appellate District (April 13, 2016) - In 2008, the California Supreme Court unanimously held that the “sophisticated user” defense...more

No General Jurisdiction Over Out-of-State Firms Registering to Do Business in Delaware

The Delaware Supreme Court ruled yesterday that out-of-state corporations no longer would be subject to general personal jurisdiction in Delaware merely because they had registered to do business in Delaware. In making that...more

Breaking News – No General Jurisdiction by Consent in Delaware

From our prior personal jurisdiction posts concerning Daimler AG v. Bauman, 134 S. Ct. 746 (2014), and the plaintiff-side dodge of “general jurisdiction by consent,” regular blog readers were aware that one of the few...more

Injury resulting from exposure to asbestos does not exist separately to the injury of anxiety to workers of classified...

This client alert is relevant for companies that are exposed to industrial risks in France, and addresses in particular the asbestos cases and the related injuries. It points out the fact that, following the judgment rendered...more

Court Decision Makes it Easier for Plaintiffs to Pursue Claims Against Companies in Indiana

On March 2, 2016, the Indiana Supreme Court struck down Section 2 of the Indiana Product Liability Act and held that its statute of repose “does not apply to cases involving protracted exposure to an inherently dangerous...more

Indiana Product Liability Act's Statute of Repose Found Unconstitutional For Asbestos Cases

On March 2, 2016, Justice Brent E. Dickson of the Indiana Supreme Court ruled on three appeals involving the constitutionality of the Indiana Product Liability Act statute of repose. Myers v. Crouse-Hinds Division of Cooper...more

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