Asbestos

News & Analysis as of

8 dangerous substances you may be exposed to at work

Not all workplace injuries involve falls and collisions. Some of the damage done on the job is more gradual and subtle. Many jobs in Illinois involve hazardous levels of exposure to chemicals and other harmful substances. ...more

Insurance Recovery Law - April 2015

Legal Issues Not Proper Expert Testimony - Why it matters: As a good reminder concerning the boundaries for admissibility of expert opinions, a federal court in Texas recently granted a policyholder’s motion to strike an...more

Appellate Court Rules On Loss Allocation And Notice Disputes Concerning Reinsurance Claim

A New York appellate court affirmed the denial of summary judgment but with modifications. New Hampshire Insurance Company (“New Hampshire”) together with other insurers, settled with Kaiser Aluminum & Chemical Corporation...more

Pennsylvania Supreme Court Declines Review of Case Applying Statute of Repose to Asbestos Claims

As we reported in our July 2014 edition, the Superior Court of Pennsylvania held, in Graver v. Foster-Wheeler Corp., 96 A.3d 383 (Pa. Super. Ct. 2014), that the 12-year statute of repose applicable to claims against designers...more

Federal Court Holds That “Each and Every Exposure” Theory is Inadmissible

The “single fiber” theory, well known to asbestos litigants and practitioners, is an attempt to circumvent “substantial factor” causation requirements, positing that any exposure to asbestos constitutes an underlying cause of...more

Louisiana Federal Court Excludes “Every Exposure” Testimony

Adding to the growing body of case law that rejects the so-called “every exposure” theory, a federal court in Louisiana has excluded specific causation opinions of a plaintiffs’ expert who relied on the theory, finding that...more

$1 Million Punitive Damages Award in New Jersey Asbestos Case

A $7.5 million verdict was rendered on January 15, 2015, by a Middlesex County jury in the matter of Condon v. Advanced Thermal Hydronics, et al., Docket No.: MID-L-5695-13AS, Superior Court of New Jersey, Law Division,...more

No Diagnosis, No "Damages": Wisconsin's Construction Statute of Repose in Asbestos Cases

How to apply Wisconsin’s construction statute of repose, Wis. Stat. § 893.89, in asbestos cases has recently been a hot topic dividing trial courts. The statute bars a broad category of claims if they are brought more than 10...more

DRM client wins important case precluding termination of insurer insolvency before contingent or unliquidated claims can be...

The Vermont Supreme Court has ruled in In Re Ambassador Ins. Co., 2015 VT 4 (Vt. Jan. 23, 2015) that the liquidator of Ambassador Insurance acted unreasonably in setting a December 31, 2013 bar date for policyholder claims...more

The Fourth Circuit, En Banc, Addresses Removal / Remand Litigation

In Barlow v. Colgate Palmolive Co., 772 F.3d 1001 (4th Cir. 2014), an en banc decision, the United States Court of Appeals for the Fourth Circuit considered two cases where plaintiffs allegedly misrepresented their intent to...more

Supervisor fined after workers exposed to asbestos dust

A supervisor with an asbestos abatement company, and his employer, have pleaded guilty to charges under the Occupational Health and Safety Act and were fined, after workers were exposed to asbestos dust on a job site....more

Chicago Federal Court Bars Expert Testimony Espousing the “Any Exposure” Theory

On December 22, 2014, in a pre-trial ruling, the U.S. District Court for the Northern District of Illinois, in Krik v. Crane Co., et al., No. 1:10-cv-07435 (N.D. Ill. December 22, 2014) barred perennial plaintiff’s expert Dr....more

Designers, Contractors and Insurers Take Note: Recent Amendment to IL Statute of Repose Strips Asbestos Defense, Exposes Decades...

On December 19, 2014 the Illinois legislature amended the Illinois construction statute of repose to eliminate its protection in asbestos exposure cases (Public Act 098-1131). Beginning June 1, 2015, design professionals and...more

District Court in Louisiana Nixes “Bystander Damages” for Relatives of Asbestos Victims

In Comardelle v. Pennsylvania General Insurance Company et al., 2014 WL 5762841, the United States District Court for the Eastern District of Louisiana denied a claim for “bystander damages” allegedly resulting from the...more

California Appellate Court Upholds Bar to Liability by Premises Owners for Secondary Exposure

In Wanda Beckering v. Shell Oil Company, 2014 WL 6611088, the Second District of the California Court of Appeal affirmed the granting of summary judgment in favor of defendant Shell Oil Company, finding that the plaintiff was...more

Illinois Appellate Court Finds Defendant Not Liable for “Speculative” Workplace Asbestos Exposure

The Illinois Appellate Court for the Fourth District affirmed a jury’s defense verdict in Holloway v. Sprinkmann Sons Corporation of Illinois, 2014 IL App (4th) 131118 (December 16, 2014). The plaintiff testified that from...more

One Expert In, One Expert Out in Illinois Asbestos Case

An Illinois federal judge recently approved only one of two well-known asbestos experts to testify in a former pipefitter’s asbestos exposure case. U.S. District Judge John Z. Lee of the Northern District of Illinois held...more

“Rip & Run” Asbestos Abatement Not Taken Lightly By the U.S. Government

On November 12, 2014, the U.S. Court of Appeals, Second Circuit, ruled on the Northern District of New York’s sentencing of an air monitoring contractor criminally prosecuted for “rip & run” asbestos abatement projects, i.e.,...more

The Seemingly Interminable Garlock Saga: Where Are We Now?

As reported in our February 2014 edition, the bankruptcy court estimating Garlock Sealing Technologies, LLC’s asbestos liability uncovered significant evidence “that the last 10 years of its participation in the tort system...more

Cedent Loses Motion For Reinsurance Payments Due To Late Notice And “Unsatisfactory” Proof Of Loss, Notwithstanding “Follow The...

In a reinsurance coverage dispute involving coverage for an underlying settlement of asbestos liability, a New York court considered whether the defenses of failure to provide prompt notice and failure to provide satisfactory...more

Pennsylvania Appeals Court Affirms Defendants’ Summary Judgments on Bystander Exposure Claims

Allegations of bystander exposure to asbestos via laundry is a common claim in cases where a plaintiff has no apparent occupational exposure but instead alleges that her asbestos-related disease was caused by exposure to...more

Coverage Options for Employee Asbestos Claims

Over the past year, courts in Illinois and Pennsylvania have dramatically altered the ability of an employee to bring claims against past and present employers for asbestos-related injuries. Traditionally, employees were...more

New Jersey Appellate Court Keeps “Running Spigot” Open on Allocation of Defense Costs Under Non-Eroding-Limit Fronting Policies...

New Jersey’s Appellate Division recently affirmed each of several challenged rulings rendered in a long-running coverage dispute between plaintiff IMO Industries and its many historical insurers arising from asbestos...more

Maryland Court Reconsiders a Company’s Duty to Warn of Asbestos-containing Replacement Parts It Did Not Manufacture or Otherwise...

Maryland’s Court of Special Appeals recently reconsidered the duty to warn of asbestos-containing replacement parts that the defendants did not manufacture or place in the stream of commerce in Philip Royce May v. Air &...more

Does asbestosis qualify under the Illinois Workers’ Occupational Diseases Act?

Asbestosis is covered under the Illinois Workers’ Compensation and Occupational Diseases Act. In other words, Illinois workers who develop this condition as a consequence of employment are entitled to benefits under state...more

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