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Toxic Torts Civil Procedure Products Liability

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PA Superior Court Answers Question of Whether Fair Share Act Applies to Strict Liability Asbestos Claims

by Steptoe & Johnson PLLC on

On December 28, 2017, the Pennsylvania Superior Court published an anticipated ruling on whether the Pennsylvania Fair Share Act, 42 Pa. C.S. 7102, applies to strict liability claims in the context of an alleged...more

Third Circuit Latest to Hollow Out Bright Line Bare Metal Defense

by Miles & Stockbridge P.C. on

On October 3, 2017, the United States Court of Appeals for the Third Circuit held—in a case of first impression—that a manufacturer of a “bare metal” product may be liable for a plaintiff’s injuries caused by later added...more

WV Supreme Court Kicks Failure to Warn Case Under Michigan Law

by Steptoe & Johnson PLLC on

The West Virginia Supreme Court of Appeals recently upheld the Mass Litigation Panel’s grant of summary judgment against a class of Plaintiffs alleging birth defects resulting from the use of prescription medicine in...more

The Class Action Chronicle - Winter 2017

In this issue, we cover two decisions granting motions to strike/dismiss class claims, three decisions denying such motions, 26 decisions denying class certification or reversing grants of class certification, 22 decisions...more

Product Liability Update: October 2017

by Foley Hoag LLP on

Massachusetts Federal Court In Multi-District Litigation Holds Under Six States’ Laws That Manufacturer Of Brand-Name Pharmaceutical Is Not Liable For Injuries Caused By Generic Equivalents Whose Manufacturers Were Required...more

Illinois Supreme Court Issues Opinion that May Change Asbestos Litigation Landscape

by Steptoe & Johnson PLLC on

On September 21, 2017 the Supreme Court of the State of Illinois issued a personal jurisdiction opinion that may change the national landscape of asbestos litigation. Aspen American Insurance Company v. Interstate...more

Iowa Legislature Introduces Asbestos Litigation Reforms

by K&L Gates LLP on

Over more than four decades of asbestos litigation, many former manufacturers and suppliers of asbestos-containing products have since filed for bankruptcy and exited the tort system. While these entities now have the...more

Update on San Francisco Asbestos Settlement Conferences

by Selman Breitman LLP on

Judge Lee Trying Out New Approach - Judge Lee, the presiding judge of the San Francisco Asbestos Department, has set forth a new Mandatory Settlement Conference (MSC) system for San Francisco asbestos cases. She stated...more

Jurisdictional Reach of State Courts Limited

The U.S. Supreme Court reversed a closely-watched California Supreme Court ruling on Monday, finding that California state courts did not have specific jurisdiction to hear the claims of nonresident plaintiffs in a class...more

U.S. Supreme Court Reverses California’s Sliding Scale Approach to Specific Personal Jurisdiction

On June 19, 2017, in Bristol-Myers Squibb Co. v. Superior Court of California, the Supreme Court held, by a vote of 8 to 1, that California courts lack specific jurisdiction to entertain a nonresident’s claims that are...more

"The Class Action Chronicle - Spring 2017"

This is the 15th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of class action trends, along with a summary of recent class certification and Class Action Fairness Act rulings. Our...more

Product Liability & Complex Litigation Vol. 1, No. 1

by Butler Snow LLP on

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from...more

Connecticut Appellate Court Issues Mixed Ruling on Coverage for Asbestos Liabilities

by Jones Day on

Manufacturers with asbestos liabilities should pay attention to the March 7, 2017, ruling in R.T. Vanderbilt Company v. Hartford Accident and Indemnity Company by the Connecticut Appellate Court. While the court issued...more

Pro Te: Solutio - Vol. 9 No. 2 - Summer 2016

by Butler Snow LLP on

...With this issue, our focus shifts to one that often “dogs” us in serial and consolidated litigation: federal multi-district litigation. Our articles offer some insights into various aspects of MDLs, along with practical...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

"The Class Action Chronicle - Winter 2016"

This is the 14th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

The 2016 Judicial Hellholes Report Is Out!

by Seyfarth Shaw LLP on

Each year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report” and examines problems in state court systems and challenges for corporate defendants in the fair and unbiased administration of...more

Rost May Change the Toxic Tort Landscape

A November 22, 2016 Supreme Court ruling, Rost, significantly changed the playing field for defendants in Pennsylvania. During trial, Plaintiffs’ expert, Dr. Arthur Frank, espoused the previously-rejected opinion that each...more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 4, December 2016

by Beveridge & Diamond PC on

DC High Court Adopts Daubert Approach to Expert Testimony - In a direct victory for mobile phone manufacturers and service providers, and with implications for any other case involving expert testimony in the District of...more

Live! From the ACI Drug and Medical Device Litigation Conference

I’m blogging from the American Conference Institute’s Drug and Medical Device session on International Mass Tort Litigation: Strategies for Handling the Increasing Interplay Between Domestic and Global Products Liability...more

Government Contractor Defense May Apply to Commercially Available Products

by Wilson Elser on

The California Court of Appeal has confirmed that the “government contractor” defense may apply to products made available to both the federal government and commercial markets, even where the defendant did not design or...more

Asbestos Alert: Employers and Land Owners Have Duty to Take-Home Exposure Plaintiffs

by Low, Ball & Lynch on

Kesner v. Pneumo Abex, LLC - Supreme Court of California (December 1, 2016) We first reported on this case on May 14, 2014, when the Court of Appeal ruled. The case was further appealed to the California Supreme...more

Asbestos Alert: Government Contractor Defense Available to Broker Which Arranged for Asbestos-Containing Insulation to Be Provided...

by Low, Ball & Lynch on

California Court of Appeal, First Appellate District (November 22, 2016) - The Government Contractor defense is available in asbestos lawsuits brought against manufacturers and suppliers of military hardware and...more

Class action lawsuits have arrived in Thailand

by DLA Piper on

At the end of last year, the civil procedure rules in Thailand were amended to allow class action litigation to be brought in Thailand for the first time. The first class action lawsuit in Thailand has since been brought...more

Another Modest Proposal (This Time, About Discovery)

by Reed Smith on

Bexis recently attended the “Emerging Issues in Mass-Tort MDLs Conference” sponsored by Duke Law School (those of us from Philly remember Duke as part of “Black Saturday” back in 1979). Several panels discussed various...more

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