News & Analysis as of

Asbestos

Another Take On “Take-Home” Exposure In California: Foglia V. Moore Dry Dock Co.

by Husch Blackwell LLP on

A California appellate court recently upheld the trial court’s granting of summary judgment in a secondary exposure asbestos case where Plaintiffs could offer no admissible evidence that decedent’s father worked around...more

“Sue-Me State” Or “Show-Me State”: The Latest Push For Asbestos Exposure Tort Reform In Missouri

by Husch Blackwell LLP on

The stage is set for a heated showdown between GOP leaders and bipartisan critics over implementation of HB 1645. If adopted by the Senate, the bill would alter several provisions related to a plaintiff’s ability to bring...more

District Court In Washington Reverses Course On Personal Jurisdiction?

by Husch Blackwell LLP on

In recent years federal courts have clarified and narrowed the scope of personal jurisdiction as it applies to nonresident defendants, particularly in mass tort and toxic exposure cases. However, a recent decision coming out...more

Cook County Circuit Court Denies Personal Jurisdiction Motion In Asbestos Case

by Husch Blackwell LLP on

The Circuit court in Cook County, Illinois has recently clarified one of the limitations on which it applies personal jurisdiction and venue protections to Defendants in asbestos cases. In John C. Clark v. A.W. Chesterton...more

Order Of Operations: Maryland’s Highest Court Analysis Of The Statute Of Repose And Discovery Rule’s Applicability To Asbestos...

by Husch Blackwell LLP on

On March 28, 2018, the Court of Appeals of Maryland, Maryland’s highest court, was asked to: (1) determine whether the state’s statute of repose was ambiguous as to when an injury and cause of action “arise” within the scope...more

Arizona Supreme Court Clarifies Duty Standards for Negligence Claim

In a departure from its historical expansion of the concept of duty between parties, the Arizona Supreme Court has ruled that an employer did not owe a duty to protect its employee’s family from second-hand asbestos exposure....more

Asbestos/Cement Pipe: April 25th U.S. Environmental Protection Agency Federal Register Notice Addressing Proposed Alternative Work...

The United States Environmental Protection Agency (“EPA”) in an April 25th Federal Register notice requests comment on an Alternative Work Practice (“AWP”) to: . . . use new technology and work practices developed for...more

Salvaged Materials to Pay Lien Claimants

A recent case before the New Jersey Appellate Court held that funds obtained from salvaged materials can be used to pay lien claimants. The case, NRG REMA LLC v. Creative Environmental Solutions Corp., (2018 WL 1937282)...more

Another Take On “Take-Home” Exposure In California: Foglia V. Moore Dry Dock Co.

by Husch Blackwell LLP on

A California appellate court recently upheld the trial court’s granting of summary judgment in a secondary exposure asbestos case where Plaintiffs could offer no admissible evidence that decedent’s father worked around...more

Precluding A Second Bite At The Apple; Federal District Court Grants Summary Judgment On Basis Of Doctrine Of Collateral Estoppel

by Husch Blackwell LLP on

In the interest of justice and courtroom efficiency, res judicata aims to prevent parties from re-litigating previously legally resolved issues and claims involving the same or similar parties. Maccormack v. Ingersoll-Rand...more

“Sue-Me State” Or “Show-Me State”: The Latest Push For Asbestos Exposure Tort Reform In Missouri

by Husch Blackwell LLP on

The stage is set for a heated showdown between GOP leaders and bipartisan critics over implementation of HB 1645. If adopted by the Senate, the bill would alter several provisions related to a plaintiff’s ability to bring...more

Cook County Circuit Court Denies Personal Jurisdiction Motion In Asbestos Case

by Husch Blackwell LLP on

The Circuit court in Cook County, Illinois has recently clarified one of the limitations on which it applies personal jurisdiction and venue protections to Defendants in asbestos cases. In John C. Clark v. A.W. Chesterton...more

Asbestos Enforcement: Arkansas Department of Environmental Quality and County Road Department Enter into Consent Administrative...

The Arkansas Department of Environmental Quality (“ADEQ”) and Mississippi County Road Department (“Road Department”) entered into a Consent Administrative Order (“CAO”) on April 2nd addressing an alleged violation of the...more

$37 Million Verdict in Talc Mesothelioma Lawsuit Underscores Potential Exposure for Talc Manufacturers and Retailers

by White and Williams LLP on

In a new phase of asbestos litigation, attorneys representing individuals who developed mesothelioma without any known industrial exposure to asbestos have set their sights on talcum powder manufacturers and talc mining...more

Asbestos Enforcement: Alabama Department of Environmental Management Issues Administrative Order to Marietta, Georgia Construction...

The Alabama Department of Environmental Management (“ADEM”) issued an Administrative Order (“AO”) to Cork-Howard Construction Company, Inc. (“CHCC”). See Administrative Order No.: 18- ____-AP. CHCC is described as a...more

Dietary Supplement & Cosmetics Legal Bulletin | March 2018

Senate Committee Proposes Cosmetics Regulation Amendment - The Senate Committee on Health has released a discussion draft of a proposed amendment to the Federal Food, Drug and Cosmetic Act (FDCA) that would establish greater...more

Arkansas Department of Environmental Quality Office of Air Quality Quarterly Newsletter: Winter 2018

The Arkansas Department of Environmental Quality (“ADEQ”) Office of Air Quality published the Winter 2018 edition of its quarterly newsletter. The newsletter addresses a variety of issues that come within the scope of the...more

Fifth Circuit Sets Bright Line Rule For Timing Requirement Under Federal Officer Removal Statute

by Husch Blackwell LLP on

In January 2018, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s remand of an asbestos case to state court for being untimely, based on a federal officer removal statute, 28...more

An Analysis Of The Pennsylvania Fair Share Act And Its Application To Asbestos Litigation, In Light Of The Recent Ruling In...

by Husch Blackwell LLP on

In December, the Pennsylvania Superior Court ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percent they are found liable. See Roverano v. John Crane, Inc.,...more

Precluding A Second Bite At The Apple; Federal District Court Grants Summary Judgment On Basis Of Doctrine Of Collateral Estoppel

by Husch Blackwell LLP on

In the interest of justice and courtroom efficiency, res judicata aims to prevent parties from re-litigating previously legally resolved issues and claims involving the same or similar parties. Maccormack v. Ingersoll-Rand...more

Blog: Court of Appeal provides guidance on forseeability in mesothelioma claims

by Cooley LLP on

In Bussey v Anglia Heating ([2018] EWCA Civ.243, 22 February 2018), the Court of Appeal looked at asbestos exposure levels sufficient to found liability for causing mesothelioma. Mr Bussey had developed mesothelioma as a...more

Fifth Circuit Sets Bright Line Rule For Timing Requirement Under Federal Officer Removal Statute

by Husch Blackwell LLP on

In January 2018, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s remand of an asbestos case to state court for being untimely, based on a federal officer removal statute, 28...more

An Analysis Of The Pennsylvania Fair Share Act And Its Application To Asbestos Litigation, In Light Of The Recent Ruling In...

by Husch Blackwell LLP on

In December, the Pennsylvania Superior Court ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percent they are found liable. See Roverano v. John Crane, Inc.,...more

Toxic Tort Monitor – February 2018

by Husch Blackwell LLP on

New Developments - Which Came First: Subject Matter or Personal Jurisdiction? Two recent Eastern District of Missouri cases examined the same issue, yet the court reached opposite results. In Lewis v. Johnson & Johnson...more

The Ohio Supreme Court Rejects Cumulative Exposure as Sufficient to Establish Substantial Factor in Asbestos Cases

by Reminger Co., LPA on

Numerous cases have been filed in courts across the United States alleging that exposure to defendants' asbestos-containing products caused various diseases, including mesothelioma, a rare cancer primarily linked to asbestos...more

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