2BInformed: Engaging with EPA, OSHA’s New Regulation, and Asbestos
Can a company be found liable for failure to warn about hazards of another company’s product used in packaging for its own product? What about when the company wasn’t warned that packaging could contain anything potentially...more
The Mallory v. Norfolk case—currently pending before the US Supreme Court—could potentially overturn recent rulings on issues related to personal jurisdiction and impact many businesses across the country....more
Unlike professionals retained in a chapter 11 case by trustees, debtors, or official committees, the Bankruptcy Code provides little guidance regarding the appointment of a representative for "future claimants" in a chapter...more
A New Jersey appeals court recently overturned talc verdicts totaling $117 million in damages against Johnson & Johnson Consumer Inc. (JJCI) and Imerys Talc America, Inc. (Imerys) after finding expert testimony was...more
What is Genomics? Genomics is the study of all the genes within an organism, including humans, and how all of those genes are interrelated and influence the organism. Genetics is primarily focused on single genes. Genomics...more
In April 2019, the French Supreme Court opened the way for all workers exposed to asbestos to claim compensation for emotional distress, or "anxiety," caused by the fear of contracting a serious disease, even if claimants...more
The State of Rhode Island and Providence Plantations—contemporarily nicknamed “the Ocean State” is known for famous clear-broth Quahog clam chowder, The Breakers Mansion, the International Tennis Hall of Fame, and its...more
On December 1, 2016, the Supreme Court of California held that the duty of employers and premises owners to exercise ordinary care in their use of asbestos in their businesses includes a duty to take reasonable care to...more
Manufacturers of products that contained chrysotile asbestos won a major victory in Crane Co. v. DeLisle on Sept. 14, 2016, when Florida's Fourth District Court of Appeal (Fourth DCA) reversed a verdict entered against a...more
In a recent published opinion, the Arizona Court of Appeals held that an employer does not owe a duty of care to the child of an employee who contracts mesothelioma from asbestos brought home on the employee’s work clothes,...more
An earlier case, decided by the U.S. Court of Appeals for the Sixth Circuit on June 3, 2016, is noteworthy because it resulted in an opinion affirming the government’s use of the criminal restitution laws to require a...more
Action Item: Employers and premises owner of facilities in which employees or visitors might be exposed to alleged hazardous substances must be aware of a recent New Jersey Supreme Court decision in Schwartz v. Accuratus...more
In D. Cummins Corp. v. U.S. Fidelity & Guaranty (no. A142985, filed 3/30/16), a California Court of Appeal upheld the dismissal of a declaratory relief action filed by the parent holding company of an insured corporation...more
Asset purchase and sale transactions are a preferred structure for many corporate deals. For a variety of reasons, it may be prudent for businesses or product lines to be transferred through these transactions, and an asset...more