2BInformed: Engaging with EPA, OSHA’s New Regulation, and Asbestos
Court: Supreme Court of New York, New York County - In this asbestos action, plaintiff Almando Rodney underwent a pleurectomy. Defendant Mercedez-Benz USA LLC (MBUSA) moved to seek an out-of-state subpoena in order to...more
Superior Court of Rhode Island, Providence, July 22, 2022 - In this asbestos-related lawsuit, the plaintiffs allege that the decedent, Ann Stadtler, developed mesothelioma and died due to take-home exposure to asbestos...more
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
State of New York, Supreme Court, County of Monroe, May 16, 2022 - Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued...more
While trials and in person court conferences are starting to trickle in, some jurisdictions such as New York still managed to hold its position as a judicial hellhole in 2021. According to American Tort Reform Foundation...more
Superior Court of New Jersey, Appellate Division, March 24, 2022 In this asbestos action, Deborah Marino (the plaintiff) alleged that her mother, Anita Creutzberger (the decedent), developed peritoneal mesothelioma from the...more
U.S. District Court for the Eastern District of Louisiana, March 17, 2022 - In this asbestos action, decedent Joseph B. Savoie, Jr. developed mesothelioma after being exposed to asbestos at the Avondale Shipyards. Certain...more
The High Court's decision in Dring v Cape has set out a new balancing test for third party access to documents disclosed during litigation. The new approach should provide some comfort to defendants that are subject to...more
In a pair of recent asbestos coverage decisions, a Pennsylvania federal court issued rulings addressing expedited funding orders, number of “occurrences,” and the applicability of aggregate limits under the Fourth Circuit’s...more
On December 6, 2018, in an unreported decision, Maryland’s Court of Special Appeals permitted plaintiffs in product liability litigation in Baltimore City Circuit Court to obtain broad discovery into joint defense agreements,...more
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
The Supreme Court of Florida is poised to decide the constitutionality the Daubert standard for admissibility of expert testimony, resolving whether Frye or Daubert will be the governing standard going forward in Florida...more
In an action involving claims under facultative reinsurance for the reinsurance of asbestos risks, the reinsurer sought discovery of documents concerning the allocation of losses among the reinsurers on the program, and...more
A court has denied a motion to reconsider its decision denying a reinsurer’s (Century Indemnity Co.) motion to compel an insurer (Travelers Casualty and Surety Company) to produce certain documents in a case in which...more
On May 27, 2015, the Honorable Emilie H. Elias, the coordination judge who presides over all asbestos litigation in the counties of Los Angeles, Orange, and San Diego (LAOSD), issued a discovery order entitled “Case...more