News & Analysis as of

Mesothelioma

CDC Study Finds Mesothelioma Death Rates Higher Than Projections

by Selman Breitman LLP on

On March 3, 2017, the Centers for Disease Control and Prevention (CDC) published a study assessing malignant mesothelioma mortality rates in the United States between the years 1999-2015. The Study – apparently the first of...more

Georgia Supreme Court Limits Duty to Warn Third Parties

by Beveridge & Diamond PC on

Affirming limits on the duty to warn third parties of toxic exposure risks, the Supreme Court of Georgia held that a manufacturer of asbestos-laden pipes had no duty to warn the daughter of a worker who serviced the pipes...more

Update on Bell Case Pending in Eastern District of Louisiana

by Miles & Stockbridge P.C. on

This post provides an update on the status of Bell v. Foster Wheeler Energy Corp., pending in the United States District Court for the Eastern District of Louisiana following a previous blog post examining the court’s order...more

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

by Perkins Coie on

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

Florida Appellate Court Reverses Verdict Against Valve Manufacturer in Asbestos Case - Decision: Trial Court Abused Discretion in...

by Holland & Knight LLP on

Manufacturers of products that contained chrysotile asbestos won a major victory in Crane Co. v. DeLisle on Sept. 14, 2016, when Florida's Fourth District Court of Appeal (Fourth DCA) reversed a verdict entered against a...more

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

by Polsinelli on

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

Arizona Court of Appeals Deals Fatal Blow to "Take-Home" Asbestos Exposure Lawsuits

In a recent published opinion, the Arizona Court of Appeals held that an employer does not owe a duty of care to the child of an employee who contracts mesothelioma from asbestos brought home on the employee’s work clothes,...more

Appellate Court Notes

by Pullman & Comley, LLC on

AC36912 - Whitney v. J.M. Scott Associates, Inc. Plaintiff entered into an employment and stock purchase agreement with the owner of the company, that provided if he were terminated without cause before the end of five...more

Government Claims Against Contractors and Developers Subject to Statute of Repose Filing Deadlines, Arizona Court of Appeals Rules

by Dickinson Wright on

In a matter of first impression, the Arizona Court of Appeals recently ruled that government claims against contractors and developers are subject to the time limits set forth in the Construction Statute of Repose. The...more

Talc Litigation: The Big Picture

by Nexsen Pruet, PLLC on

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

Sophisticated User Defense Does Not Extend to Salesman

by Low, Ball & Lynch on

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

“Science for Sale” Investigation Exposes “Rented White Coats”

One of the foremost father figures in the history of medicine famously said, “There are in fact two things, science and opinion; the former begets knowledge, the latter ignorance.” Hippocrates, the ancient Greek...more

California Court Of Appeal Bends Over Backwards To Uphold Substantial Punitive Award In Asbestos Case

The Due Process Clause of the Fourteenth Amendment requires procedural fairness in state trials, but that principle seems absent from a recent California Court of Appeal decision upholding a judgment against Kaiser Gypsum...more

Illinois Law Blocks Decades Old Asbestos Suits

by Howard Ankin on

According to the Mesothelioma Cancer Alliance, virtually every individual on the earth has been exposed to asbestos during some point in their lives, and Illinois residents are not excluded. With such a broad range of...more

Plaintiff’s Mere Presence in Area Where Asbestos is Present Insufficient to Establish Bystander Exposure

In Schiffer v. CBS Corporation (filed 9/9/15; modified 9/30/15), the California Court of Appeal, First Appellate District, affirmed summary judgment in favor of the defendant asbestos insulation manufacturer finding...more

Manufacturer of Asbestos-Free Product May Still Be Liable for Asbestos Related Injuries

In Sherman v. Hennessy Industries, Inc. (No. B252566, filed June 18, 2015), the Court of Appeal, Second District, reversed a trial court’s grant of summary judgment in favor of a manufacturer of a brake grinding machine. The...more

Coverage Options for Employee Asbestos Claims

by K&L Gates LLP on

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

Take-Home Exposure Claims Under Review by California's High Court

by Polsinelli on

On August 20, 2014, the California Supreme Court granted petitions for review in two published decisions that reached different conclusions on whether a defendant owed a duty for take-home exposures. Both matters (Haver v....more

Texas Supreme Court Enforces Medical Criteria for Claims Involving Asbestos and Declares the Application of Chapter 90...

by Wilson Elser on

In a 5–4 opinion issued in Union Carbide Corporation v. Daisy E. Synatzske et al. No. 12-0617 (Tex. July 3, 2014), the Texas Supreme Court held that Chapter 90 of the Texas Civil Practices and Remedies Code as applied to the...more

Texas Supreme Court Holds That Requirement to Provide Evidence of Approximate Dose Applies to Mesothelioma Cases as Well as...

by Wilson Elser on

On July 12, 2014, in Bostic v. Georgia Pacific Corp., No. 10-0775, a six-justice majority of the Texas Supreme Court issued a major decision on causation in asbestos cases. The Court held that the requirement to provide...more

Asbestos MDL Court Concludes Punitive Damages for Unseaworthiness Allowed for Seaman But Not for a Seaman’s Personal...

In a consolidated asbestos products liability multidistrict litigation (MDL), the U.S. District Court for the Eastern District of Pennsylvania held in In re Asbestos Products Liability Litigation (No. VI), MDL 875, that...more

Environmental Alert: "Texas Supreme Court Clarifies Causation Standard in Multiple Source Toxic Tort Cases"

by Porter Hedges LLP on

The Texas Supreme Court took what appears to be a middle ground in toxic tort cases involving exposure to the same substance from multiple sources. The Court rejected the “but for” standard advocated by the defendant, but...more

New Jersey’s Appellate Division Finds Manufacturer Has a Duty to Warn of Asbestos Risk in Foreseeable Replacement Component Parts

by Wilson Elser on

On April 23, 2014, New Jersey’s Appellate Division held that a pump manufacturer had a duty to warn that replacement component parts contained asbestos. In two consolidated cases, the trial court granted summary judgment...more

Asbestos Alert: Paulus v Crane Co.

by Low, Ball & Lynch on

Second District Court of Appeal, Division Three, Action # B246505 (Filed Feb. 21, 2014, modified Mar. 24, 2014) 2014 WL 1157284 ____Cal.App.4th____ - Sufficiency of Expert Testimony to Prove Causation; Bankruptcy Trust...more

Weekly Law Resume - The Sophisticated User Defense Does Not Automatically Apply to an Employee of a Sophisticated Employer

by Low, Ball & Lynch on

Anne Pfeifer v. John Crane, Inc. - Court of Appeal, Second Appellate District, Division Four (October 29, 2013) - JCI appealed from a judgment awarding plaintiffs William and Anne Pfeifer over $21 million dollars in...more

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