Author Info for Maron Marvel

Audrey Anyaele

When Sooner is Better Than Later – Expert Retention in Environmental Litigation

Causation is a vital component of any environmental or toxic tort lawsuit. The idea of causation requires that a plaintiff show a causal connection between their injury and the defendant's action to ensure remedies for the…more

Asbestos, Asbestos Litigation, Causation, Defense Strategies, Discovery

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Casey Austin

It Just Got Real for Out-of-State Defendants! US Supreme Court Upholds 106-Year-Old “Consent by Registration” in Sending Mallory Back to Pennsylvania

On Tuesday, June 27, the Supreme Court of the United States issued the highly anticipated opinion in Mallory v. Norfolk Southern Railway Co. (U.S. 2022) considering whether the Due Process Clause of the Fourteenth Amendment…more

Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment, General Jurisdiction

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Brian Bergin

New York State’s Legalized Marijuana Market on Pause After Supreme Court Ruling Halts Issuances of Conditional Adult-Use Retail Dispensary (CAURD) Licenses

On Friday, the Supreme Court of the State of New York, Albany County issued an Order that has effectively placed the long-anticipated rollout of New York’s legalized marijuana market on hold. In Fiore v. New York State…more

Appeals, Cannabis Products, Marijuana Regulation & Taxation Act (MRTA), Marijuana Related Businesses, New York

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Sarah Biscoe

Recent Pennsylvania Superior Court Decisions Pose Challenges for Defendants in Asbestos Cases

The Pennsylvania Superior Court recently issued two decisions that present challenges to defendants in prevailing at summary judgment in asbestos cases…more

Asbestos, Asbestos Litigation, Genuine Issue of Material Fact, Manufacturers, Mesothelioma

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Paul Bradley

Delaware Supreme Court to Decide Whether Increased Risk of Illness Constitutes a Claim in Delaware

The Delaware Supreme Court heard arguments on June 14, 2023, on a question certified to it from the Third Circuit of the U.S. Court of Appeals, as to whether medical monitoring claims can be made in Delaware without proof of any…more

Appeals, Bodily Injury, Class Action, DE Supreme Court, Dismissals

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Alyssa Fleischman

Understanding Talc Litigation: Analyzing Trends and Implications for Exposure Claims

For over a decade, talc litigation has been a staple of mass toxic tort practices around the country and persists today. For those who are unfamiliar, talc is a naturally occurring mineral rock mined from the Earth that can…more

Asbestos, Asbestos Litigation, Cancer, Cause of Action Accrual, Chapter 11

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Samuel Habeeb

Sackett V. EPA: The U. S. Supreme Court Decides the EPA’s Definition of Wetlands Went Too Far, With A Broader Impact On EPA’s Future Interpretive Powers

On May 25, 2023, the U.S. Supreme Court issued an opinion in the case of Sackett v. U.S. Environmental Protection Agency regarding the scope of regulatory powers applicable to wetlands and issued a more clear definition of…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Federal Jurisdiction, Inland Waterways

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Scott Henry

White Paper: Navigating the Growing Risk of Large and Nuclear Verdicts

The risk of a large verdict has always been a major factor in any litigation. In recent years, the potential for a punitive damages instruction reaching a jury and a consequent verdict has grown as well. US juries have not…more

Appeals, C-Suite Executives, Compensatory Damages, Data Use Policies, Guidance Update

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Beau Inabinet

Appointment of a Receiver? The New Sanction in South Carolina?

Sanctions for perceived shortcomings in document productions and corporate representative depositions have long been a real threat in asbestos litigation in South Carolina. The plaintiffs’ bar has regularly filed Motions to…more

Court-Appointed Receivers, Depositions, Discovery, Discovery Disputes, Sanctions

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Audra Inglis

Sixth Circuit Decision Reinforces that Standing & Traceability Key in PFAS Class Actions

The recent decision by the Sixth Circuit in Hardwick and a review of the law from various jurisdictions supports the challenges that Plaintiffs face in proving standing for class certification in PFAS lawsuits. Late in 2023, the…more

Appeals, Bodily Injury, Causation, Class Action, Class Certification

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Donald Kinsley

Avoiding Pitfalls of Special Interrogatories

The use of special interrogatories given to juries to render verdicts has been said to be “admittedly fraught with many pitfalls in the potential conflicts between the general verdict and the interrogatories,” and is “nothing…more

General Verdict Rule, Juror, Jury Instructions, Jury Trial, Jury Verdicts

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Gabrielle Morrison

It Just Got Real for Out-of-State Defendants! US Supreme Court Upholds 106-Year-Old “Consent by Registration” in Sending Mallory Back to Pennsylvania

On Tuesday, June 27, the Supreme Court of the United States issued the highly anticipated opinion in Mallory v. Norfolk Southern Railway Co. (U.S. 2022) considering whether the Due Process Clause of the Fourteenth Amendment…more

Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment, General Jurisdiction

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Chad D. Mountain

We Are What We Eat: How a Person’s Diet Can Play a Part in Defending a Toxic Tort Case

For as long as humanity has existed, there has been a love-hate relationship with food and diet in our daily lives. We love celebrating a big moment in our life with a Michelin-rated meal, but the next day many of us are filled…more

Cancer, Causation, Complete Genomics, Corporate Counsel, Defense Strategies

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Liana Nobile

Cleaning Up Some Misconceptions About New York’s Laundry Detergent Ban

Earlier this year, the news was rampant with misleading stories that New York became the first state in the union to ban certain laundry detergents for containing 1,4-Dioxane after a third-party lab conducted testing on certain…more

Centers for Disease Control and Prevention (CDC), Department of Environmental Conservation, Environmental Protection Agency (EPA), Litigation Strategies, Misleading Statements

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John Parsons

Examining the Case of Schindler Elevator Corporation v. Darren Ceasar: A Breakdown of the Texas Supreme Court’s Decision

THOUGH APPLIED RARELY, A RES IPSA INSTRUCTION ON A JURY CHARGE CAN SPELL DISASTER. The Texas Supreme Court ruled recently that a trial court abused its discretion by including a res ipsa loquitur instruction on a jury charge…more

Bodily Injury, Evidentiary Standards, Jury Trial, Negligence, PTSD

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William Perrelli

NJ Court Enforces Net Opinion Rule On Use of Expert Testimony in Asbestos Case

In a recent decision on an asbestos exposure case, a New Jersey court once again reminded us that the admissibility of an expert opinion hinges upon the substance of the opinion, rather than the conclusions of the expert alone…more

Asbestos, Asbestos Litigation, Evidence, Expert Testimony, Negligence

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Robert Petti

Sixth Circuit Decision Reinforces that Standing & Traceability Key in PFAS Class Actions

The recent decision by the Sixth Circuit in Hardwick and a review of the law from various jurisdictions supports the challenges that Plaintiffs face in proving standing for class certification in PFAS lawsuits. Late in 2023, the…more

Appeals, Bodily Injury, Causation, Class Action, Class Certification

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Catherine Pyune McEldowney

White Paper: Navigating the Growing Risk of Large and Nuclear Verdicts

The risk of a large verdict has always been a major factor in any litigation. In recent years, the potential for a punitive damages instruction reaching a jury and a consequent verdict has grown as well. US juries have not…more

Appeals, C-Suite Executives, Compensatory Damages, Data Use Policies, Guidance Update

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Kijon Roberts

Mr. Mallory Goes to Washington?

It would not be surprising to find Mallory v. Norfolk Southern Railway Co. become mandatory class material across law schools in the future. The case presents a thought-provoking discussion of specific and general jurisdiction,…more

BNSF Railway Co v Tyrrell, Bristol-Myers Squibb Co v Superior Court of California - San Francisco County, DaimlerChrysler v Bauman, Due Process, Federal Employers’ Liability Act (FELA)

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John Robinson

Contractual Additional Insureds – What Coverage? The Texas Supreme Court Weighs In

Primary and excess insurance carriers and their counsel need to pay close attention to a new Texas Supreme Court case Exxon Mobil vs. National Union Fire Insurance Company of Pittsburgh Pennsylvania and Starr Indemnity &…more

Appeals, Contract Terms, Exxon Mobil, Insurance Industry, Insurance Litigation

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Gregory Rouse II

Federal Court Issues Critical Opinion in PFAS Multidistrict Litigation

PFAS, also known as Per-and poly-fluoroalkyl substances can be found in numerous industrial products. In South Carolina, United States District Court Judge Gergel presides over the PFAS multidistrict litigation (MDL). The MDL is…more

3M Company, Commercial Insurance Policies, Contamination, Federal Contractors, Immunity

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Victoria Tuhovak

The Texas Supreme ‎Court Weighs in on the Standards for Awarding ‎and Reviewing Noneconomic ‎Damages in Wrongful Death Cases

A more than $15 million award for noneconomic damages in a wrongful death suit prompted the Texas Supreme Court’s recent plurality opinion in Gregory v. Chohan, __ S.W.3d __, No. 21-0017, 2023 WL 4035886 (Tex. June 16, 2023)…more

Compensatory Damages, Damages, Non-Economic Damages, Popular, TX Supreme Court

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Cecelia Virden

Chemistry Industry Group Takes the EPA to Court to Stop Unfair PFAS Advisory

The increasing focus by environmental regulators on per- and polyfluoroalkyl substances (PFAS) continues to develop in significant ways. PFAS have been found in waterproof clothing, non-stick cookware, carpets, fire-fighting…more

CERCLA, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA), Hazardous Substances

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Zachary Wasserstein

Sackett V. EPA: The U. S. Supreme Court Decides the EPA’s Definition of Wetlands Went Too Far, With A Broader Impact On EPA’s Future Interpretive Powers

On May 25, 2023, the U.S. Supreme Court issued an opinion in the case of Sackett v. U.S. Environmental Protection Agency regarding the scope of regulatory powers applicable to wetlands and issued a more clear definition of…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Federal Jurisdiction, Inland Waterways

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Richard Wiese

Norfolk Southern Railway Co., United States Government Urge Supreme Court of the United States to Shorten the Reach of Pennsylvania Long-Arm Statute

Mallory v. Norfolk Southern Railway Co., docket number 21-1168 originating from the Supreme Court of Pennsylvania, has far-reaching implications which could impinge on the booming forum-shopping industry. Any defendant who has…more

Due Process, Foreign Corporations, Forum Selection, Forum Shopping, General Jurisdiction

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Rebecca Zotti

McDill Tenders in Louisiana: How An UM/UIM Insurer Can Avoid Penalties and Attorney’s Fees

Louisiana insurers who provide uninsured/underinsured motorist coverage are often asked for a “McDill tender” by a claimant, and it’s important for the insurer to know its obligations when responding to such a request…more

Attorney's Fees, Bodily Injury, Causation, Good Faith, Insurance Industry

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Maron Marvel

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