In Perkins v. United States, Plaintiff Tristan Perkins sued the United States under the Federal Tort Claims Act (“FTCA”) for her mother Geraldine Perkins’ (“Decedent”) alleged wrongful death due to asbestos exposure. Alleging...more
1/23/2025
/ Asbestos ,
Asbestos Litigation ,
Bench Trial ,
Bodily Injury ,
Causation ,
Evidence ,
Expert Testimony ,
Federal Tort Claims Act (FTCA) ,
Jurisdiction ,
Liability ,
Mesothelioma ,
Negligence ,
Take-Home Exposure ,
Wrongful Death
Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst jurisdictions to defend tort...more
12/19/2024
/ American Tort Reform Association (ATRA) ,
Annual Reports ,
Asbestos Litigation ,
Biometric Information Privacy Act ,
California ,
City of New York ,
Civil Liability ,
Damages ,
Gag Rule ,
Georgia ,
Governor Kemp ,
Illinois ,
Insurance Costs ,
Jurisdiction ,
Jury Awards ,
Jury Verdicts ,
Liability ,
MI Supreme Court ,
PA Supreme Court ,
Seatbelts ,
Slip and Fall ,
Tort Reform ,
Toxic Exposure
The United States Court of Appeals for the Third Circuit, in Schaffner v. Monsanto, No. 22-3075 (3rd Cir. 2024), recently held that a state-law duty to warn claim was expressly preempted by the Federal Insecticide, Fungicide,...more
In 1968, the Multidistrict Litigation Act provided the framework for multidistrict litigation (MDL); where civil actions involve “one or more common questions of fact . . . pending in different districts, such actions may be...more
Michigan Grapples With Airport Authority Over Application of Federal Officer Removal Statute in PFAS Litigation For the last several months, the Gerald R. Ford International Airport Authority (Airport) in Grand Rapids,...more
The Middle District of Pennsylvania’s opinion in Gorton v. Warren Pumps, LLC supported the government contractor defense and set forth a road map for defendants to follow to win summary judgment. The court, relying on the...more
In a move that further cements Louisiana’s place as the 7th Ranked Judicial Hell Hole of 2023, the Court of Appeals of Louisiana affirmed a second 8-figure verdict of 2023 for a mesothelioma personal injury case in Strauder...more
The American Tort Reform Foundation (ATR) released its 2022-2023 Judicial Hellhole report. In this report, the ATR ranks the eight most dangerous jurisdictions for corporate defendants and their defense attorneys. This year...more
12/28/2022
/ American Tort Reform Association (ATRA) ,
Asbestos ,
Asbestos Litigation ,
Biometric Information Privacy Act ,
California ,
Environmental Violations ,
Georgia ,
Illinois ,
Jurisdiction ,
Liability ,
Louisiana ,
New York ,
PA Supreme Court ,
Pennsylvania ,
Proposition 65
Last year, we highlighted Iowa’s groundbreaking law to end over-naming of defendants in asbestos and silica litigation. Now, just a year later, three more states have followed suit: North Dakota, Tennessee, and West Virginia....more
The Tennessee Supreme Court’s opinion in Carolyn Coffman et al v. Armstrong International, Inc., et al., at least implicitly, recognized a “bare metal defense” for the first time under Tennessee law. The Court addressed the...more