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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
United States District Court for the Eastern District of Louisiana; July 18, 2022 - Plaintiffs filed an asbestos-related lawsuit on behalf of Decedent, Callan Cortez, alleging that Mr. Cortez contracted mesothelioma as a...more
United States District Court for the Eastern District of Wisconsin , July 13, 2022 - Plaintiffs Trisha and David Babler filed a lawsuit to recover damages Trisha allegedly sustained as a result of “take-home” asbestos...more
Last week, the California Supreme Court agreed to decide two unique questions with far-reaching implications for employer liability: (1) may an employer be held liable to an employee’s spouse when an employee contracts...more
As COVID-19 continues to spread, so do the liability theories it leaves in its wake, including so-called “take-home” COVID-19 liability. “Take-home” liability first earned notoriety through lawsuits filed by mesothelioma...more