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Connecticut Court Affirms Increased Risk of Contracting Asbestos-Related Disease is Not an Injury

On January 18, 2022, the Connecticut Court of Appeals affirmed a lower court’s opinion which struck claims of negligence, premises liability and recklessness predicated on increased risk of future harm from asbestos exposure....more

Oklahoma Supreme Court Sets Aside $465 Million Public Nuisance Opioid Verdict

On November 9, 2021, the Oklahoma Supreme Court set aside a $465 million verdict against Johnson & Johnson (J&J) in State ex rel. Hunter v. Johnson & Johnson, 2021 OK 54. In 2017, the State of Oklahoma sued three opioid...more

Pennsylvania Court Applies Maritime Bare Metal Test In Favor Of Defendants

On July 7, 2021, U.S. District Court Judge Eduardo C. Robreno, who oversees the asbestos multi district litigation (MDL 875) in the Eastern District of Pennsylvania, applied a new standard set forth by the U.S. Supreme Court...more

Fourth Circuit Affirms Summary Judgment Based On North Carolina Independent Contractor Exception

The Fourth Circuit recently held that a premises owner in an asbestos case was not liable to a pipefitter based on insufficient evidence of exposure and the independent contractor exception to landowner liability...more

Fourth Circuit Refuses To Reduce Record-Breaking $32.7 Million Verdict

On August 24, 2020 in Ann Finch v. Covil Corp., 972 F.3d 507 (4th Cir. 2020), the Fourth Circuit Court of Appeals upheld a North Carolina federal district court’s decision, sustaining a $32.7 million verdict in favor of the...more

Personal Jurisdiction Over Foreign Corporation Asserted By Minnesota Court Of Appeals

Personal jurisdiction over a foreign corporation was asserted by The Minnesota Court of Appeals in a recent asbestos case. The court found that the company’s former asbestos-tile factory in the state provided sufficient...more

Illinois Supreme Court Cites Established Precedent In Rejecting Asbestos Civil Conspiracy Claims

The Illinois Supreme Court recently reversed and remanded the appellate court’s ruling in Jones v. Pneumo Abex LLC, Nos. 123895, 124002 cons. (Ill. 2019), holding the Fifth District failed to follow long-standing Illinois...more

Toxic Tort Monitor: Missouri Court Of Appeals Vacates $110 Million Ovarian Cancer Talc Verdict

Recently, a Missouri Court of Appeals vacated a trial court’s award of $110 million in an ovarian cancer talc case, Slemp v. Johnson & Johnson, ED 106190 (Mo. Ct. App. Oct. 15, 2019). This is the third talc verdict handed...more

Toxic Tort Monitor: Illinois Supreme Court Set To Rule On Asbestos Civil Conspiracy Claim

The Illinois Supreme Court recently heard oral arguments in Jones v. Pneumo Abex LLC, 2018 IL App (5th) 160239, where Plaintiffs, John and Deborah Jones, sued brake lining company Pneumo Abex (“Abex”) and glass bottle maker...more

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