Asbestos

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

Asbestos Exposure Is Often Deadly

by Law Office of Paul B. Genet on 5/7/2013

According to a study by the Environmental Working Group, Florida has one of the highest rates of asbestos-related deaths in the nation. Florida is ranked second and follows closely behind the top spot, California....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

The Illinois Supreme Court 2012: The Year in Review

by Kirk Jenkins | Sedgwick LLP on 4/22/2013

During 2012, the Illinois Supreme Court filed seventy-one written opinions, thirty-nine in civil cases. Although the total opinion output was down somewhat from recent years, this represents the Court's highest number of...more

California Court Addresses Horizontal Exhaustion Requirement

by Traub Lieberman Straus & Shrewsberry LLP on 4/16/2013

In the recent decision Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania 2013 Cal. App. LEXIS 269 (2nd Dist. April 8, 2013), the California Court of Appeal considered whether horizontal or...more

The Disturbing Truth About Asbestos

by Michael Barasch | Barasch McGarry Salzman & Penson PC on 4/9/2013

When it comes to asbestos, the advice of the U.S. Environmental Protection Agency can be summed up in three words: Do Not Disturb. The highly toxic building material poses no threat to those who must co-exist with it —...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

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

Asbestos Still Kills

by Samster, Konkel & Safran, S.C. on 3/12/2013

Mesothelioma is one of the deadly diseases that can be caused by asbestos exposure. It attacks the mesothelium, a tissue layer that surrounds various body organs....more

Patton Boggs Reinsurance Newsletter- March 2013: New York Court of Appeals Reverses Summary Judgment on Follow-the-Settlements...

by Patton Boggs LLP on 3/7/2013

In a closely watched asbestos settlement allocation case, the New York Court of Appeals has modified the order of the intermediate appellate court to deny summary judgment to the cedent based on two issues of fact raised to...more

Does Medical Science Support "Continuous" Asbestos Trigger?

by Kami Quinn, João Santa-Rita | Gilbert LLP on 3/6/2013

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

Gilbert LLP Convinces Sixth Circuit to Rule in Favor of Asbestos-Containing product Manufacturer-Policyholders

by Mark Packman, Krishan Thakker | Gilbert LLP on 1/28/2013

Comprehensive general liability policies limit the amount the insurer has to pay for each “occurrence”, which is typically defined as an “accident” or “exposure to [injurious] conditions”. Insurers and policyholders...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

Nanotechnology And Asbestos: Informing Industry’s Approach To Carbon Nanotubes, Nanoscale Titanium Dioxide, And Nanosilver

by Catherine Morris Krow | Orrick, Herrington & Sutcliffe LLP on 1/21/2013

With greater knowledge comes greater responsibility, and greater liability. When it comes to nanotechnology, our ability to understand the potential risks is unprecedented, thanks in part to the asbestos mass tort experience....more

Patton Boggs Insights - December 2012: Litigation/Courts: Three Sentenced To Prison For Asbestos Violations

by Patton Boggs LLP on 1/18/2013

Three Tennessee men have been sentenced to a combined total of more than seven years in prison for Clean Air Act and other violations related to a demolition project. ...more

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