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Asbestos Toxic Exposure Take-Home Exposure

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Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

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United States District Court for the Eastern District of Louisiana - In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of...more

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Louisiana Appellate Court Affirms $10.35M Verdict Based on Take-Home Asbestos Exposure

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On January 5, 2023, a Louisiana appellate court issued a divided opinion that addressed the nature of take-home asbestos claims. Pete v. Bolan Marine & Manufacturing Co., LLC, 2021-0626 (La. App. 4 Cir. 1/5/23), 2023 La. App....more

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Partial Summary Judgment Granted, Rejecting Government Immunity Defense of Shipyard defendants

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United States District Court for the Eastern District of Louisiana - Plaintiff Linda Crossland alleged take-home exposure to asbestos from her husband’s clothing while he was employed at the Avondale Shipyards, where he...more

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Government Contractor Defense Inapplicable to Plaintiff’s Failure to Warn and Prevent the Spread of Asbestos Claims

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United States District Court for the Eastern District of Louisiana, October 12, 2022 - In this asbestos action, Plaintiff Ruby Lee Marie Falgout (“Plaintiff”) alleged take-home exposure from laundering her husband’s...more

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Plaintiff unable to provide any legitimate evidence against motions for summary judgment

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United States District Court of the District of Nevada, September 19, 2022 - The plaintiff commenced this action in early 2020 by filing his Complaint against 13 defendants.  He suffers from mesothelioma and alleged...more

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Summary Judgment Not Warranted Where Issues of Material Fact Exist on Successor-Liability Issues

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Supreme Court of New York, County of Erie , August 25, 2022 - In this asbestos action, plaintiff Eric Cislo alleged take-home exposure to asbestos from his father’s work with Bison boilers from 1969 until the early...more

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Partial Summary Judgment Granted to Insurer Under Professional Vendor Analysis

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United States District Court for the Eastern District of Louisiana, July 28, 2022 - As previously reported in the Asbestos Case Tracker, decedent Callen Cortez alleged direct occupational exposure to asbestos, as well as...more

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Plaintiffs’ Motion to Exclude Defense Expert’s Hearsay Statements Granted

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United States District Court for the Eastern District of Louisiana; July 18, 2022 - Plaintiffs filed an asbestos-related lawsuit on behalf of Decedent, Callan Cortez, alleging that Mr. Cortez contracted mesothelioma as a...more

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Plaintiffs’ Motion to Remand Granted Due to Railroad Company Defendant’s Untimely Motion for Removal  

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United States District Court for the Eastern District of Wisconsin , July 13, 2022 - Plaintiffs Trisha and David Babler filed a lawsuit to recover damages Trisha allegedly sustained as a result of “take-home” asbestos...more

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Employer Defendant Successful on Summary Judgment, Except for Claims of Take-Home Exposure

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The plaintiff, Callen Cortez, was diagnosed with mesothelioma on June 2, 2020. On July 1, 2020, he filed an asbestos-related lawsuit against Avondale and approximately thirty-four other defendants, alleging that he contracted...more

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Toxic Tort Monitor: District Court Of Colorado Recognizes “Take-Home” Exposure Claim

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Recently, the U.S. District Court for the District of Colorado recognized a defendant’s potential liability based on take-home exposure. In Mestas v. Air & Liquid Systems Corporation et. al., No. 18-cv-01006, Plaintiff...more

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Supreme Court Of Virginia Recognizes Employer Liability For “Take Home” Exposure

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Recently, a divided Supreme Court of Virginia, in a 4-3 decision, recognized an employer’s liability for “take home” exposure. In Quisenberry v. Huntington Ingalls Inc., 818 S.E.2d 805 (Va. 2018), the Supreme Court held that...more

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Federal Court In Washington Holds Risks Of Take-Home Asbestos Exposure Were Not Foreseeable Prior To 1955

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In a recent decision of the U.S. District Court for the Western District of Washington, the court held that the dangers of secondary asbestos exposure were not foreseeable in and before 1955. Jack v. Borg-Warner Morse TEC,...more

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Delaware Supreme Court Holds That Both Manufacturers And Employers Can Be Liable For Take-Home Exposure

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In Ramsey v. Georgia Southern University Advanced Development Center, et al., C.A. No. N14C-01-287 ASB, Delaware’s Supreme Court reversed the decision of the Superior Court granting summary judgment to manufacturers of...more

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Arizona Affirms That Employers Owe No Duty Of Care To Nonemployees

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In its recent decision, the Arizona Supreme Court affirmed the trial court’s grant of summary judgment for defendant Reynolds Metal Company (“Reynolds”), holding that under the State’s laws an employer owed no duty of care to...more

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Illinois 5th District Rules on Personal Jurisdiction

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On July 12, 2018, in an unpublished opinion, the Illinois 5th District Court of Appeals reversed the Madison County Court, which had denied Ford Motor Company’s motion to dismiss for lack of personal jurisdiction in an...more

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“Take-Home More Than Seashells”: Rhode Island Court Rules That Employer Owes Duty Of Care To Protect Third-Party Non-Employees

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The State of Rhode Island and Providence Plantations—contemporarily nicknamed “the Ocean State” is known for famous clear-broth Quahog clam chowder, The Breakers Mansion, the International Tennis Hall of Fame, and its...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Product Liability Insights - Issue 1, 2018

Welcome to our inaugural issue of Product Lines—our e-newsletter focusing on toxic torts and products liability news and issues. As we all know, there are many issues that arise in this complex area of the law every day. We...more

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Another Take On “Take-Home” Exposure In California: Foglia V. Moore Dry Dock Co.

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A California appellate court recently upheld the trial court’s granting of summary judgment in a secondary exposure asbestos case where Plaintiffs could offer no admissible evidence that decedent’s father worked around...more

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District Court In Washington Reverses Course On Personal Jurisdiction?

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In recent years federal courts have clarified and narrowed the scope of personal jurisdiction as it applies to nonresident defendants, particularly in mass tort and toxic exposure cases. However, a recent decision coming out...more

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Another Take On “Take-Home” Exposure In California: Foglia V. Moore Dry Dock Co.

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A California appellate court recently upheld the trial court’s granting of summary judgment in a secondary exposure asbestos case where Plaintiffs could offer no admissible evidence that decedent’s father worked around...more

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Toxic Tort Monitor – February 2018

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New Developments - Which Came First: Subject Matter or Personal Jurisdiction? Two recent Eastern District of Missouri cases examined the same issue, yet the court reached opposite results. In Lewis v. Johnson & Johnson...more

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California Supreme Court Establishes Duty in Take-Home Asbestos Exposure Cases

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On December 1, 2016, the Supreme Court of California held that the duty of employers and premises owners to exercise ordinary care in their use of asbestos in their businesses includes a duty to take reasonable care to...more

Polsinelli

Court Decides Take-Home Exposure Duty Claims with 'Wide-Ranging Impact'

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Employers and premises owners have a duty to "members of a worker's household" to exercise ordinary care to prevent take-home asbestos exposures, the California Supreme Court held on December 1, 2016. This ruling expands...more

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"Take-Home" Asbestos Case Decision Could have Ripple Effect

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Companies facing "take-home" asbestos or other toxic tort exposure claims in Arizona, or in other jurisdictions applying Arizona law, now have a new case to cite in dispositive motions. With the Sept. 20 Arizona Court of...more

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