New Developments
Which Came First: Subject Matter or Personal Jurisdiction?
By Mary Kate Mullen
Two recent Eastern District of Missouri cases examined the same issue, yet the court reached opposite results. In Lewis v. Johnson & Johnson and Jinright v. Johnson & Johnson, the court considered whether subject matter jurisdiction or personal jurisdiction should be decided first. [Continue Reading]
Fifth Circuit Sets Bright Line Rule for Timing Requirement Under Federal Officer Removal Statute
By Tierra Jones
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 U.S.C § 1442 (“Statute”). The Court of Appeals found that the Statute allows for removal of a case within 30 days after the date a defendant received the transcript of an oral deposition providing a basis for removal, as opposed to the date on which the relevant deposition testimony was taken. [Continue Reading]
Notable Take-Home Asbestos Exposure Developments
By Theresa Mullineaux
In December, the Pennsylvania Superior Court ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percent they are found liable. Prior to the enactment of the Fair Share Act, a defendant found liable could be on the hook for the entire verdict. [Continue Reading]
Upcoming Events
DRI – Toxic Torts and Environmental Law
March 1-2, 2018
Nashville, TN
Several of our toxic tort litigators are attending this DRI seminar; we hope to see you there!
Toxic Tort Monitor Archive
January 2018
