Asbestos

News & Analysis as of

Sixth Circuit Upholds Criminal Restitution

An earlier case, decided by the U.S. Court of Appeals for the Sixth Circuit on June 3, 2016, is noteworthy because it resulted in an opinion affirming the government’s use of the criminal restitution laws to require a...more

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

Toxic Tort & Product Liability Quarterly Vol. 9, No. 3, August 2016

California Appellate Court Upholds “Every Exposure” Theory - Deferring to the role of a jury in resolving questions of competing scientific theories, a California appeals court upheld a trial court’s ruling allowing...more

Business Litigation Report - July 2016

Article: Increase in Vertical Price Restraint Enforcement in China - In recent months, Chinese anti-monopoly enforcement actions scrutinizing and penalizing pricing-related issues have noticeably increased. A growing...more

California Adopts the Sophisticated Intermediary Doctrine

In a recent opinion, the Supreme Court of California formally adopted the Sophisticated Intermediary Doctrine, clarifying what circumstances may permit a raw materials supplier to discharge its duty to warn consumers. Webb...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

New Jersey High Court Expands Reach of “Take-Home” Toxic Tort Claims

Action Item: Employers and premises owner of facilities in which employees or visitors might be exposed to alleged hazardous substances must be aware of a recent New Jersey Supreme Court decision in Schwartz v. Accuratus...more

Excess Policies at Issue Deemed Not to Attach Absent Actual Payment of the Amount of Underlying Limits by Either the Insured or...

Policyholders contemplating insurance coverage settlements with low-level insurers should use caution to preserve their ability to access higher-level excess policies. Excess insurers are increasingly disputing that...more

California Supreme Court Adopts the Sophisticated Intermediary Defense

In Webb v. Special Elec. Co., the California Supreme Court formally adopted the "sophisticated intermediary doctrine," which provides an additional defense that manufacturers and suppliers can assert against product liability...more

News from Second and State

Weekly Wrap: - While there was a lot of activity in Harrisburg this week, the most toast-worthy event was the final passage of H.B. 1690 (Turzai, R-Allegheny), which would reform and modernize the sale of wine and...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

Feds Crack Down on Unsafe Asbestos Removal

The unsafe removal of asbestos by unprotected workers poses a huge health and safety risk in today’s workplace. Although asbestos is known to cause lung cancer and mesothelioma, it is not banned and continues to pose dangers...more

Unintentional Felonies Every CEO Needs to Know About

Heads-up! That bottle of chardonnay you plan on sending to your top client could land you in hot water with the Federal Government. The CEO of any company—large or small—needs to be conscious of business decisions...more

Big Win for Policyholders in NY: “All Sums” Allocation, Vertical Exhaustion Apply

On May 3, 2016, the New York Court of Appeals issued a much-anticipated and significant decision on allocation and exhaustion issues in the context of long-tail liability insurance. The case was styled Viking Pump, Inc. v....more

Talc Litigation: The Big Picture

In 2015 and 2016, juries awarded $13 million in a talc case in California, and $72 million and $55 million in talc cases tried in Missouri. The California plaintiff argued that she used talcum powder which contained...more

Subcontractor Not Entitled to Payment After Refusal to Perform Disputed Extra Work

In the hustle and bustle of completing a construction project it can be easy to overlook the importance of the contract.  However, when a dispute arises the contract generally dictates the outcome of that dispute.  A recent...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

New York’s Highest Court Holds All Sums Allocation And Vertical Exhaustion Applied To Excess Insurance Coverage For Asbestos...

On May 3, 2016, the Court of Appeals of New York issued its opinion in In re Viking Pump, No. 59, 2016 WL 1735790, and found that “all sums” allocation and vertical exhaustion applied to the insureds’ claims to excess...more

Asbestos Specialists, Inc. Will Pay $100,000 and Make Major Policy Changes to Resolve EEOC and OFCCP Investigations

WASHINGTON, D.C.-Asbestos Specialists, Inc. (ASI), a Baltimore-based company that specializes in asbestos removal and demolition in the Washington, D.C. area, will pay $100,000 and furnish significant equitable relief to...more

Court Holds That Parent Corporation Lacks Standing to Sue Subsidiary’s Insurers for Declaratory Relief

In D. Cummins Corp. v. U.S. Fidelity & Guaranty (no. A142985, filed 3/30/16), a California Court of Appeal upheld the dismissal of a declaratory relief action filed by the parent holding company of an insured corporation...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

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

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