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Take-Home Exposure

Husch Blackwell LLP

Washington Court Finds No Take-Home Exposure in Asbestos Bench Trial

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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

Goldberg Segalla

Court Rules in Favor of Defendant in Asbestos Action for Lack of Causation

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Jurisdiction: United States District Court for the Western District of Washington - Plaintiff claimed decedent Geraldine Rabb Perkins had asbestos exposure resulting in her diagnosis of mesothelioma. Plaintiff specifically...more

Goldberg Segalla

Court Denies Plaintiff’s Attempt to Reinstate Prior Claim of Post 1969 Exposure

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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

Goldberg Segalla

Plaintiffs’ Appeal to Reverse Defendants’ Daubert Motion In Limine was Granted

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Court of Appeal of Louisiana, Fourth Circuit - In this action, plaintiff Climmie Craft filed suit in this matter asserting that she contracted asbestos-related lung cancer as a consequence of her take-home exposure to...more

Goldberg Segalla

Court Rejects Motion to Remand Asbestos Exposure Case to State Court

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Jurisdiction: United States District Court for the Eastern District of Louisiana - Plaintiff Irma Lee LaGrange filed a motion in this asbestos action seeking the court to decline supplemental jurisdiction and remand to state...more

Goldberg Segalla

Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham...more

Harris Beach Murtha PLLC

National Mass Torts: 2023 Year in Review

Sixth Circuit Rejects Overly Ambitious PFAS Class Action - Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) - The United States Court of Appeals for the Sixth Circuit...more

Goldberg Segalla

Defendants Unsuccessful On Motions to Preclude Experts and Summary Judgment

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United States District Court for the Eastern District of Louisiana - In ACT’s continuing coverage of the Robichaux matter, Felton Robichaux filed suit in Civil District Court for the Parish of Orleans against a number of...more

Goodell, DeVries, Leech & Dann, LLP

Take-Home COVID Claims Should Not Prevail in Maryland and D.C.

The COVID-19 pandemic has taken an unthinkable toll on the United States, taking over 1.1 million American lives in the past three years.[1] In the pandemic's aftermath, some families of those taken by the disease and others...more

Davis Wright Tremaine LLP

California Supreme Court Finds Employers Not Liable for Nonemployees' Take-Home COVID-19 Claims

The state's Supreme Court has unanimously held that employers do not owe a duty of care under tort law to prevent the spread of COVID-19 to employees' household members. Although the Court, in Kuciemba v. Victory Woodworks,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Holds Employers Do Not Owe Duty of Care to Prevent the Spread of COVID-19 Outside the Workplace

The Supreme Court of California recently held that the California Workers’ Compensation Act (WCA) does not bar an employee’s spouse from bringing a negligence claim against the employer where the employee contracts COVID-19...more

Fisher Phillips

PEO Pointers: Rare COVID-19 Win for California Employers, But Keep Your Guard Up

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Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance....more

Hinshaw & Culbertson - Employment Law...

A Pair Beats Four of a Kind: Take-Home COVID and the 'Rowland' Duty Factors

Repeatedly, people would make these and other more colorful comments whenever I would describe my case pending before the California Supreme Court: Because a construction worker swore the only place he could have contracted...more

Parker Poe Adams & Bernstein LLP

California Supreme Court Says Employers Not Liable for COVID-19 Spread to Employees' Family Members

Last week, the California Supreme Court responded to a request from the Ninth Circuit Court of Appeals to clarify whether an employer can be sued for negligence based on an employee who contracts COVID-19 at work and later...more

Proskauer - California Employment Law

Crisis Averted: California Employers Are Not Liable for “Take-Home” COVID Cases.

Last week, the California Supreme Court unanimously ruled that employers are not liable to nonemployees who contract COVID-19 from employee household members that bring the virus home from their workplace, because “[a]n...more

Fisher Phillips

California Supreme Court Shuts Down COVID-19 Liability Claim from Worker’s Wife: 4 Key Takeaways for Employers

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The California Supreme Court handed employers a win last week by making it clear that they do not have a duty to prevent the spread of COVID-19 to employees' household members. The court didn’t go so far as to say such claims...more

Laughlin, Falbo, Levy & Moresi LLP

Kuciemba Update: Supreme Court Answers Long-Awaited Questions on Family Member COVID-19 Claims

In a unanimous opinion, the California Supreme Court answered two questions posed to it by the Ninth Circuit Court of Appeal, finding that an employer is not liable for a COVID-19 injury sustained by an employee’s household...more

Husch Blackwell LLP

Louisiana Appellate Court Affirms $10.35M Verdict Based on Take-Home Asbestos Exposure

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On January 5, 2023, a Louisiana appellate court issued a divided opinion that addressed the nature of take-home asbestos claims. Pete v. Bolan Marine & Manufacturing Co., LLC, 2021-0626 (La. App. 4 Cir. 1/5/23), 2023 La. App....more

Goldberg Segalla

Motion to Remand Denied as Defendant’s Removal Timely Under Federal Officer Removal Statute

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Court: United States District Court for the Eastern District of Louisiana - In this asbestos action, decedent Gayle LeBeau alleged take-home exposure to asbestos from her father and brother’s work at the Avondale...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

Plaintiff unable to provide any legitimate evidence against motions for summary judgment

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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

Goldberg Segalla

Summary Judgment Not Warranted Where Issues of Material Fact Exist on Successor-Liability Issues

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Supreme Court of New York, County of Erie , August 25, 2022 - In this asbestos action, plaintiff Eric Cislo alleged take-home exposure to asbestos from his father’s work with Bison boilers from 1969 until the early...more

Miller Nash LLP

“Take-Home COVID” Claims May Lead to Future Insurance Disputes

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What Are “Take-Home COVID” Claims? “Take-home COVID” claims are claims brought against an employer by the spouse or child of an employee who caught COVID-19 in the workplace and brought it home, infecting a spouse or child...more

Goldberg Segalla

Partial Summary Judgment Granted to Insurer Under Professional Vendor Analysis

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United States District Court for the Eastern District of Louisiana, July 28, 2022 - As previously reported in the Asbestos Case Tracker, decedent Callen Cortez alleged direct occupational exposure to asbestos, as well as...more

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