Mesothelioma

News & Analysis as of

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

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

Pennsylvania Statute of Repose Applies to Asbestos Claims

In Graver v. Foster Wheeler Corp., 2014 Pa. Super. 132, the Superior Court of Pennsylvania held that the statute of repose applicable to designers and constructors of improvements to real property applied to asbestos claims....more

Florida High Court to Decide Which Test Governs Component Parts Doctrine

On April 8, 2014, the Florida Supreme Court heard oral arguments in an asbestos case concerning the liability of a defendant who has sold a component part to a manufacturer who then incorporates the part into its own...more

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

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...

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"

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

Texas Supreme Court: “Dose Matters” In Mesothelioma Cases Bostic v. Georgia-Pacific Corp., No. 10-0775

Yesterday, the Texas Supreme Court reaffirmed the substantial-factor standard of causation recognized in Borg-Warner Corp. v. Flores, and held that it applies in mesothelioma cases. The Court made clear that in...more

Texas Supreme Court opinions (7/14)

1. No. 10-0775, Bostic v. Georgia-Pacific Corp. -- This is a mesothelioma case. The overarching issue is whether the causation standard announced in Borg-Warner Corp. v. Flores (which was an asbestosis case) also applies to...more

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

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.

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

Ninth Circuit En Banc Upholds Prior Ruling Vacating $10 Million Asbestos Verdict Over Failure to Conduct Daubert Hearing

The Ninth Circuit Court of Appeals en banc has affirmed a prior ruling vacating a $10 million jury verdict in an asbestos personal injury action, holding that the Washington federal district court abused its discretion by not...more

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

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

Seventh Circuit Addresses Coverage Under Workers’ Comp Policy

In its recent decision in YKK USA, Inc., v. Safety Nat’l Cas. Corp., 727 F.3d 782 (7th. Cir. 2013), the United States Court of Appeals for the Seventh Circuit had occasion to consider whether an employee’s common law claim...more

PA Supreme Court Allows Certain Mesothelioma Claimants to Sue Their Employer

The Pennsylvania Supreme Court recently issued a ground-breaking decision that could potentially expose employers to a wave of new lawsuits by former employees suffering from mesothelioma. In its November 22, 2013 opinion in...more

Pennsylvania Supreme Court Rules on Workers’ Compensation Act Case

Court finds in Tooey that Pennsylvania Workers’ Compensation Act does not bar latent occupational disease lawsuits against employers. On November 22, the Pennsylvania Supreme Court in Tooey et al. v. AK Steel Corp. et...more

Maryland High Court, Bucking Trend, Allows Expert to Testify that “Each and Every Exposure” to Asbestos Is Causally Related to...

To advance claims against as many defendants as possible, plaintiff attorneys in asbestos litigation routinely attempt to introduce expert testimony to the effect that “each and every exposure” to asbestos was a “substantial”...more

"Every Asbestos Exposure Counts" - Maryland Affirms Theory

Maryland's highest appellate court ruled last week that a plaintiff's expert in an asbestos injury lawsuit could testify that every single exposure to asbestos substantially contributes to the development of mesothelioma,...more

The State of Virginia and the D.C. District Court Raise Plaintiff’s Burden of Proof on Causation in Multiple-Exposure Asbestos...

Judge Beryl A. Howell of the District of Columbia District Court issued a trial court opinion in May 2013 that, if followed by other circuit or state courts, could substantially impact the threshold for causation in...more

Patton Boggs Insights - December 2012: Litigation/Courts: $48 Million Verdict Tops Mesothelioma Awards

In the largest mesothelioma award in California this year, a Los Angeles County jury awarded a mesothelioma victim and his family $48 million against several firms, including at least two cement companies....more

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