2BInformed: Engaging with EPA, OSHA’s New Regulation, and Asbestos
Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In...more
Court: United States District Court for the Middle District of Florida, Tampa Division - In this asbestos action, defendants Atwood & Morrill Co. Inc. and Warren Pumps LLC filed a Daubert motion to exclude, or limit, certain...more
Court: Circuit Court of South Carolina, Fifth Judicial Circuit - A South Carolina jury Aug. 16 returned a $64.4 million plaintiff’s verdict against product manufacturer Johnson & Johnson and supplier American International...more
Observers of filing trends in personal injury mesothelioma matters alleging exposure to talc contaminated with asbestos have noted that the bankruptcy filing of a predominant defendant in those matters did little to slow the...more
The Third Circuit recently affirmed entry of summary judgment in favor of General Electric (“GE”) on grounds of derivative sovereign immunity. The Third Circuit found that GE was entitled to derivative sovereign immunity...more
Jurisdiction: Supreme Court of New York, New York County - DAP filed a motion for summary judgment by arguing plaintiff cannot sufficiently demonstrate DAP’s exposed him to asbestos. DAP contends that it did not manufacture...more
Jurisdiction: Supreme Court of New York, New York County - Plaintiff Lita Goldstein was diagnosed in March 2022 with mesothelioma. She initiated a suit against several defendants in May 2022, including Kolmar Laboratories...more
U.S. District Court for the Eastern District of Missouri, Eastern Division - Decedent Carole Zicklin passed away from mesothelioma in September 2021. The decedent’s daughters subsequently filed a wrongful death lawsuit...more
Workers at asbestos job sites in the state of Texas may be at risk of developing mesothelioma, asbestos lung cancer, or other diseases as a result of asbestos exposure....more
U.S. District Court for the Eastern District of Pennsylvania Plaintiff Leona Rhoades, on behalf of the estate of her husband, Dewey T. Rhoades, commenced this action against a variety of defendants, alleging that their...more
In Ripple v. CBS Corporation, et. al., the Florida Supreme Court held a surviving spouse is entitled to recovery for wrongful death under the Florida Wrongful Death Act (the Act), codified at Fla. Stat. §§ 768.16-768.26...more
This year’s seminar will bring together a superb lineup of medical and scientific experts, top-tier litigators, and timely topics. Plus, enjoy unforgettable events designed to promote insightful discussions and meaningful...more
Exposure to airborne asbestos has been linked to an increased risk of several serious and debilitating diseases, including mesothelioma, asbestos lung cancer, and other types of cancer....more
California Superior Court, Alameda County - Decedent Gene Hankes Sr. passed away of mesothelioma at 85 years old. His estate brought this action against various brake manufacturers and auto-parts suppliers....more
Court: United States District Court for the District of Massachusetts Decedent Arnold L. Pritt was diagnosed with singular mesothelioma, epithelioid type in September 2019. He alleged he was exposed to asbestos during his...more
Jurisdiction: United States District Court for the Southern District of Florida Plaintiff Douglas S. Johnson, one of the surviving children and personal representative of the estate of decedent French E. Johnson, filed an...more
In March 2024, the U.S. Environmental Protection Agency (EPA) announced a ban on the ongoing use of chrysotile asbestos in connection with health problems associated with asbestos exposure. The rule is entitled Asbestos Part...more
The United States Court of Appeals for the Fifth Circuit is set to adjudicate complaints regarding the Environmental Protection Agency’s (EPA) asbestos ban, a significant regulation that holds the potential to influence the...more
On April 16, 2024, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested public comment on a draft document titled “Draft Risk Evaluation for Asbestos Part 2: Supplemental Evaluation...more
Court: Circuit Court of Cook County, Illinois - On April 19, a Chicago jury ordered Johnson & Johnson to pay $45 million to the family of a Cook County woman named Theresa Garcia who died from mesothelioma, allegedly caused...more
Court: United States District Court, Middle District of Florida - On Thursday April 18, a Florida jury found the talcum powder in Johnson & Johnson’s baby powder product did not cause the ovarian cancer of deceased Sarasota...more
Court: Superior Court of Pennsylvania - In this asbestos action, appellant American International Industries (AII) appealed from a judgment entered in December 2022 awarding damages to appellee, Holly Fisher, executrix of the...more
On March 18, 2024, the United States Environmental Protection Agency (EPA) announced a final rule prohibiting the use of chrysotile asbestos, the last remaining type of asbestos that was being used and imported into...more
Federal Rule of Evidence 702 - The admission of expert testimony in federal courts is governed by Rule 702 of the Federal Rules of Evidence. Effective December 1, 2023, Rule 702 was amended to clarify the “preponderance of...more
Jurisdiction: United States District Court for the Central District of California- In this action, the plaintiffs filed suit on behalf of the decedent, William Banks, in Los Angeles County Superior Court and thereafter...more