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Failure To Warn Toxic Exposure

Adler Pollock & Sheehan P.C.

Rhode Island’s First Asbestos Verdict in Nearly 40 Years

For the first time in nearly 40 years, an asbestos case was tried to verdict in Rhode Island. This case, The Estate of Bonnie Bonito, resulted in a full defense verdict!...more

Husch Blackwell LLP

Connecticut Court Awards Punitive Damages in Recent Asbestos Trial

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The Estate of Nicholas Barone trial in Bridgeport Superior Court in Connecticut before Judge William Clark concluded with a $15 million plaintiff’s verdict on 5/16/2024. The jury also awarded punitive damages, the exact...more

Hissey, Mulderig & Friend, PLLC

Bayer, Monsanto Face 54,000 Roundup Lawsuits Over Lymphoma, Cancer Claims

Bayer and Monsanto are currently facing about 54,000 lawsuits filed by consumers who were exposed to the weedkiller Roundup (glyphosate), according to recent court documents....more

Hissey, Mulderig & Friend, PLLC

Firefighting Foam Lawsuits Allege AFFF Linked to Increased Cancer Risk in Firefighters

Aqueous film-forming foam, or AFFF, has been linked to an increased risk of several types of cancer, including kidney cancer, testicular cancer, and pancreatic cancers. Civilian and military firefighters who worked with AFFF...more

Foley Hoag LLP

Product Liability Update - September 2023

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Goldberg Segalla

Removal of Case Based on the Federal Officer Removal Statute by Shipyard Defendant Upheld

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United States District Court for the District of Louisiana - In this asbestos action, the plaintiff, Wilson Goffner Sr., alleged he developed lung cancer as a result of his work as a shipfitter at the Avondale Shipyard...more

Goldberg Segalla

Gasket/Packing Manufacturer Fails Government Contractor Defense

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United States District Court for the District of Massachusetts, October 21, 2022 - In this case, the plaintiffs Arnold and Ruth Pritt allege that Arnold Pritt (“Plaintiff”) was exposed to asbestos while serving in the...more

Goldberg Segalla

Partial Summary Judgment Granted, Rejecting Government Immunity Defense of Shipyard defendants

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United States District Court for the Eastern District of Louisiana - Plaintiff Linda Crossland alleged take-home exposure to asbestos from her husband’s clothing while he was employed at the Avondale Shipyards, where he...more

Goldberg Segalla

Government Contractor Defense Inapplicable to Plaintiff’s Failure to Warn and Prevent the Spread of Asbestos Claims

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United States District Court for the Eastern District of Louisiana, October 12, 2022 - In this asbestos action, Plaintiff Ruby Lee Marie Falgout (“Plaintiff”) alleged take-home exposure from laundering her husband’s...more

Goldberg Segalla

Pump Manufacturer’s Motion for Summary Judgment on Replacement Parts Denied; Court Critical of Corporate Representative Affidavit

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Supreme Court of the State of New York, New York County, October 11, 2022 In this asbestos action, the plaintiff Gloria Maryn alleged exposure to asbestos from laundering the clothes of her son, Victor Arana. Mr. Arana...more

Perkins Coie

California State Appeals Court Affirms Bong Maker’s Win in Prop. 65 Suit

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A California state appeals court affirmed a bong maker’s win in a suit alleging it violated California’s Proposition 65 (Prop. 65) by failing to warn consumers that its products expose them to marijuana smoke that could cause...more

Goldberg Segalla

Turbine Defendant Not Liable For Failure to Warn as to Third-Party Insulation

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United States District Court for the Eastern District of Louisiana, July 8, 2022 - In this asbestos matter, the defendant ViacomCBS Inc. (“Westinghouse”) moved for partial summary judgment as to Decedent Callen Cortez’s...more

Goldberg Segalla

New Jersey Supreme Court Reverses Appellate Division and Reinstates Plaintiff’s Verdict

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New Jersey Supreme Court, June 30, 2022 - In this asbestos action, decedent Willis Edenfield (“Edenfield”) commenced a failure to warn product liability action against defendant Union Carbide. The Appellate Division...more

Jones Day

Enforcing the Line Between Product Liability and Public Nuisance

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Around the country, creative plaintiffs' lawyers have been repackaging product liability claims as public nuisance claims to avoid dismissal. Plaintiffs have used this maneuver to attempt an end-run on important product...more

Husch Blackwell LLP

Federal Court Tosses Fifteen-Year-Old Lead Paint Personal Injury Lawsuit

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On March 2, 2022, a Wisconsin federal judge dismissed Burton v. Am. Cyanamid Co., No. 07-C-0303, 2022 WL 623895 (E.D. Wis. Mar. 2, 2022), a lingering fifteen-year personal injury litigation against lead-based paint...more

Goldberg Segalla

Plaintiffs Judgment Against Joint Compound Manufacturer Affirmed on Appeal

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Court of Appeals of Washington, Division One, February 22, 2022 - The plaintiffs, Raymond Budd and his wife, sued Kaiser Gypsum Company, Inc. (Kaiser) and others for damages, alleging that Kaiser’s joint compound product...more

Faegre Drinker Biddle & Reath LLP

Not All’s Well That Ends Well: The Seventh Circuit Misapplies Daubert, but Still Delivers a Victory

The nature of advocacy makes it hard sometimes for lawyers to focus solely on the outcome and the bottom line result. How a court gets there may not matter much to the prevailing party in the dispute as they celebrate the...more

ArentFox Schiff

Alert Newsletter: California Issues Prop 65 Crystalline Silica Safe Use Determination: Four Woodwise products not required to warn...

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Prop 65 Counsel: What To Know - California Issues Prop 65 Crystalline Silica Safe Use Determination: Four Woodwise products not required to warn for exposure - Chemical Watch - California’s Office of Environmental...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 3, 2019

Welcome to the third 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues.... In This Edition: - Vitamin E Found in Cannabis-Containing Vape Products Linked...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2019

Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

Robinson+Cole Manufacturing Law Blog

Monsanto Verdict Forewarns of Claims for Failure to Warn

By now, we have all heard about the $289 million verdict against Monsanto in the Roundup litigation. A California jury awarded the sum to Dewayne “Lee” Johnson, a school groundskeeper who claimed that exposure to Roundup...more

Farella Braun + Martel LLP

Selling Products In California: Navigating Product Regulations

Big Picture: Product Liability in California - California applies its strict product liability laws to all products put into the stream of commerce and sold to the public, and those laws govern a wide array of products. ...more

Beveridge & Diamond PC

Court Allows Pennsylvania Punitive Damages Claims in Petroleum Exposure Case

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The judge in a petroleum exposure case will allow a jury to decide whether a gas station operator and its environmental consultant recklessly failed to inform a plumber of the risks of working in an excavated pit with a...more

Beveridge & Diamond PC

Toxic Tort & Product Liability Quarterly Volume 7, Number 2

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MASS TOXIC TORTS - West Virginia Chemical Spill Prompts Wave of Lawsuits - The January 9th, 2014 chemical release at a Freedom Industries, Inc. facility in West Virginia has shown, yet again, that major...more

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