News & Analysis as of September 19, 2024

Statute of Limitations › Toxic Exposure

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

Goldberg Segalla on 9/11/2024

Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In...more

Plaintiff’s Motion to Remand Granted in Leopold v. Air

Goldberg Segalla on 1/18/2024

U.S. District Court for the Southern District of Illinois - In Leopold v. Air, plaintiff Debra Leopold filed an asbestos action in the Circuit Court for the Third Judicial Circuit, Madison County, Illinois. Defendant...more

Power Companies’ Motion for Summary Judgment Denied

Goldberg Segalla on 7/31/2023

Court: Supreme Court of New York, New York County Long Island Lighting Company (LILCO) is a subsidiary of Long Island Power Authority (LIPA). LIPA was created “to remedy LILCO’s conduct as a private electric provider” by...more

Asbestos Defendants Beware: Iowa’s Tort Reform Was Apparently Weaker Than We Thought

Husch Blackwell LLP on 9/14/2022

In a 4-3 decision, the Iowa Supreme Court issued an opinion that significantly narrowed Iowa’s new statutory asbestos defense – holding the defense only protects asbestos product defendants who did not manufacture or sell the...more

Statute Of Limitations On Asbestos Claims: MN Supreme Court Reinforces

Husch Blackwell LLP on 9/16/2020

The statute of limitations on asbestos claims was recently reevaluated by the Minnesota Supreme Court. In Palmer v. Walker Jamal Company, the court reinforces that the clock begins when the plaintiff learns they have an...more

Anxiety From Asbestos Exposure: French Compensation Model Extended to Other Toxic Substances - The French Supreme Court (Cour de...

Jones Day on 9/23/2019

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

Texas Supreme Court Clarifies Applicability of Discovery Rule in Personal Injury Suits

Beveridge & Diamond PC on 7/24/2018

Applying the statute of limitations for legal, rather than discoverable, personal injury, the Texas Supreme Court dismissed a personal injury suit against Schlumberger Technology Corporation that arose from the mishandling of...more

New York Lead Paint Suit Barred by Statute of Limitations

Beveridge & Diamond PC on 5/3/2017

Illustrating the limits of New York’s discovery rule, a New York appeals court dismissed claims alleging injuries from lead paint exposure as barred by the statute of limitations. See Vasilatos v. Dzamba, No. 523286 (N.Y....more

Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities

Roetzel & Andress on 1/6/2017

On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same,...more

Emerging Trends Newsletter - Q3

Stinson LLP on 10/17/2016

We are thrilled to bring you the third installment of Stinson Leonard Street's Emerging Trends newsletter. We are proud of the depth and breadth of experience and knowledge across our firm's 13 offices nationwide and are...more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 3, August 2016

Beveridge & Diamond PC on 8/10/2016

California Appellate Court Upholds “Every Exposure” Theory - Deferring to the role of a jury in resolving questions of competing scientific theories, a California appeals court upheld a trial court’s ruling allowing...more

Toxic Tort and Environmental Litigation: Applying the Toxic Tort Statute of Limitations (6/16)

Bond Schoeneck & King PLLC on 6/3/2016

Toxic tort cases may involve claims of injuries arising months or years after the date of alleged exposure. A recent Appellate Division Third Department decision addressed the application of the toxic tort statute of...more

Toxic Tort & Product Liability Quarterly Vol. 9, No. 2, May 2016

Beveridge & Diamond PC on 5/31/2016

In a case that may make it easier to prove causation in Maryland lead paint cases, the Maryland Court of Appeals held that neither direct evidence of the source of lead nor expert testimony was necessary when a trier of fact...more

Pennsylvania Federal Court Dismisses Untimely Medical Monitoring Class Claim

Beveridge & Diamond PC on 5/27/2016

In a decision that may make it more difficult to sustain medical monitoring claims in Pennsylvania, a federal district court dismissed as untimely a putative class action alleging workplace chemical exposure. Blanyar v....more

Missouri Court Applies Borrowing Statute to Bar Illinois Asbestos Claims

Polsinelli on 4/28/2016

In Wolfe, et al. v. Armstrong Int'l, Inc., et al., Cause No. 1522-CC11026 (Div. No. 4), the Circuit Court for the City of St. Louis, 22nd Circuit, entered an April 11, 2016, Order dismissing certain defendants from an...more

New York District Court Rejects Excess Carrier’s Attempt to Stack Primary Limits in Continuous Exposure Case

Carlton Fields on 12/12/2014

Cases involving continuous exposure present unique challenges. Determining when the alleged injury occurred is critical in evaluating causation, damages, and statute of limitations defenses. The date and nature of the...more

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Statute of Limitations › Toxic Exposure

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