News & Analysis as of

Mesothelioma

Cooley LLP

Blog: ACOD B – A 1980s Design Success

by Cooley LLP on

The special features of mesothelioma (its “indivisible” nature and its long latency) have thrown up many complex legal questions resulting in the creation of special mesothelioma jurisprudence and legislation governing the...more

Husch Blackwell LLP

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

Husch Blackwell LLP

“Take-Home More Than Seashells”: Rhode Island Court Rules That Employer Owes Duty Of Care To Protect Third-Party Non-Employees

by Husch Blackwell LLP on

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

Husch Blackwell LLP

Missouri Supreme Court Holds That The Workers Compensation Additional Mesothelioma Benefit Provides Claims-Made Coverage Trigger

by Husch Blackwell LLP on

In Accident Fund Ins. Co. v. Casey, No. SC96899, slip op. at 2 (Mo. May 22, 2018), the Missouri Supreme Court affirmed the Missouri Labor and Industrial Relations Commission’s determination that Respondent, the employer’s...more

Husch Blackwell LLP

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

Husch Blackwell LLP

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

Husch Blackwell LLP

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

Jones, Skelton & Hochuli, P.L.C.

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

Husch Blackwell LLP

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

White and Williams LLP

$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

Husch Blackwell LLP

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

Cooley LLP

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

Husch Blackwell LLP

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

Reminger Co., LPA

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

Rumberger Kirk & Caldwell

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard - UPDATED

by Rumberger Kirk & Caldwell on

January 10, 2018 UPDATE: The Supreme Court of Florida has scheduled oral argument in the case for March 6, 2018, at 9:00 a.m The Supreme Court of Florida is poised to decide the constitutionality of the Daubert standard...more

Rumberger Kirk & Caldwell

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard

by Rumberger Kirk & Caldwell on

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

Robinson+Cole Massachusetts Appellate Blog

The Scope of an Insurer’s Right to Control the Defense – OneBeacon America Ins. Co. v. Celanese Corp.

The scope of an insurer’s right to control the defense of an insured is an underdeveloped issue in Massachusetts case law, which the Appeals Court recently addressed in OneBeacon America Ins. Co. v. Celanese Corp., No....more

Low, Ball & Lynch

Take-Home Exposure and Stream of Commerce

by Low, Ball & Lynch on

Joseph Petitpas v. Ford Motor Company, et al. - Court of Appeal, Second Appellate District, 13 Cal.App.5th 261 (July 5, 2017) - Plaintiffs Marline and Joseph Petitpas sued Exxon Mobil Corporation, Ford Motor Company,...more

Pepper Hamilton LLP

The King’s Time Is Up: Arizona Supreme Court Holds That the Statute of Repose Bars Untimely Claims by State Entities and Overrides...

by Pepper Hamilton LLP on

City of Phoenix v. Glenayre Elecs., Inc., 2017 Ariz. LEXIS 121 (Ariz. May 10, 2017) - Between 1960 and 2000, Carlos Tarazon (“Tarazon”) performed work installing and repairing water piping for various contractors and...more

Ruder Ware

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

by Ruder Ware on

Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

Dentons

Court of Appeal upholds jury verdict in Petitpas et al. v. Ford Motor Company, et al

by Dentons on

In a unanimous 64 page decision, the Second District Court of Appeal, Division Four in Los Angeles affirmed the defense verdict in favor of Exxon Mobil Corporation and Ford Motor Company in a lawsuit brought by Marline and...more

Carlton Fields

Connecticut Appellate Court Addresses Trigger, Allocation, Exclusions, and Other Issues of First Impression in Coverage Litigation...

by Carlton Fields on

Connecticut’s intermediate appellate court addressed a number of novel issues in a wide-ranging opinion regarding primary and excess insurers’ respective duties to defend and indemnify their common insured for long-tail...more

Cooley LLP

Blog: High Court revisits the question of the breach of duty of care in relation to mesothelioma

by Cooley LLP on

English law has developed a body of principles to address the particular problems posed by mesothelioma. This special area of law is known as the “Fairchild enclave”, a reference to the House of Lords decision in 2002. The...more

Beveridge & Diamond PC

Georgia Supreme Court Limits Duty to Warn Third Parties

by Beveridge & Diamond PC on

Affirming limits on the duty to warn third parties of toxic exposure risks, the Supreme Court of Georgia held that a manufacturer of asbestos-laden pipes had no duty to warn the daughter of a worker who serviced the pipes...more

Miles & Stockbridge P.C.

Update on Bell Case Pending in Eastern District of Louisiana

by Miles & Stockbridge P.C. on

This post provides an update on the status of Bell v. Foster Wheeler Energy Corp., pending in the United States District Court for the Eastern District of Louisiana following a previous blog post examining the court’s order...more

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Updated: May 25, 2018:

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