2BInformed: Engaging with EPA, OSHA’s New Regulation, and Asbestos
In Perkins v. United States, Plaintiff Tristan Perkins sued the United States under the Federal Tort Claims Act (“FTCA”) for her mother Geraldine Perkins’ (“Decedent”) alleged wrongful death due to asbestos exposure. Alleging...more
U.S. District Court for the Eastern District of Louisiana - Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma in October 2020. He filed his suit asserting negligence and strict liability claims against...more
United States District Court of the District of Nevada, September 19, 2022 - The plaintiff commenced this action in early 2020 by filing his Complaint against 13 defendants. He suffers from mesothelioma and alleged...more
Jurisdictions are divided on the issue of whether there is a duty in take-home asbestos exposure cases, and while the majority of the states have not specifically addressed the issue in the asbestos exposure context, of those...more
The Rise of Take-Home or Secondary Exposure Asbestos Claims - Take-home asbestos claims are asserted by or on behalf of individuals who claim an asbestos-related injury arising from exposure to asbestos fibers through...more
Recently, a divided Supreme Court of Virginia, in a 4-3 decision, recognized an employer’s liability for “take home” exposure. In Quisenberry v. Huntington Ingalls Inc., 818 S.E.2d 805 (Va. 2018), the Supreme Court held that...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
Companies facing "take-home" asbestos or other toxic tort exposure claims in Arizona, or in other jurisdictions applying Arizona law, now have a new case to cite in dispositive motions. With the Sept. 20 Arizona Court of...more
Following recent court action, defendants up against "take-home" asbestos exposure claims may need to rethink their legal strategy. The Northern District of Illinois recently denied a Motion for Reconsideration of a...more