2BInformed: Engaging with EPA, OSHA’s New Regulation, and Asbestos
Court: Supreme Court of New York, Appellate Division, First Department - In September 2023, the trial court denied talc defendant Colgate-Palmolive Co.’s motion for summary judgment to dismiss the complaint against it. On...more
Court: United States Court of Appeals for the Fifth Circuit - Plaintiff Harry Marsh worked as a merchant mariner from 1944 to 1992. He was diagnosed with mesothelioma in 2018 and subsequently sued the owner of every vessel he...more
Court: Supreme Court of South Carolina - In this mesothelioma matter, the Supreme Court of South Carolina granted a writ of certiorari to review decisions of the South Carolina Court of Appeals affirming the trial court’s...more
Court: Superior Court of California, County of Los Angeles, Civil Division - In this asbestos action, a California state court set aside a $107 million verdict against defendants Union Carbide Corp., Elementis Chemicals...more
Court: The Superior Court of New Jersey, Appellate Division - Johnson & Johnson has successfully appealed a $223.8 judgment against it following a trial involving allegations of asbestos-contaminated talcum powder in...more
Court of Appeal of Florida, Fourth District - The plaintiffs, John and Joanne Fleemin, filed the instant products liability lawsuit against numerous defendants, including Lornamead, Inc., a Delaware corporation with its...more
Recently, KCIC posted their 2022 Mid-Year Asbestos Filings Update. This update is compiled using information collected through July 31st. This article illustrates some highlights from the update....more
The Fourth Circuit recently held that a premises owner in an asbestos case was not liable to a pipefitter based on insufficient evidence of exposure and the independent contractor exception to landowner liability...more
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
The case between Equitas and Municipal Mutual Insurance (MMI) has been discontinued, bringing to an end a dispute that was due to be heard by the UK Supreme Court this week. Last year’s ruling by the Court of Appeal therefore...more
Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more
In the first judgment to provide guidance on the allocation of mesothelioma liabilities at a reinsurance level, the Court of Appeal in Equitas Insurance Limited v Municipal Mutual Insurance Limited [2019] EWCA Civ 718 has...more
The Court of Appeal’s highly anticipated judgment in Equitas v MMI has been handed down today (17 April 2019). The decision is the latest ruling in the long running saga and represents an important victory for reinsurers....more
On Wednesday, March 27, 2019, the Superior Court of New Jersey, Middlesex County, cleared Johnson & Johnson (J&J) of liability in a lawsuit brought by Ricardo Rimondi, who alleged that asbestos in the company’s talcum powder...more
Manufacturers of products that contained chrysotile asbestos won a major victory in Crane Co. v. DeLisle on Sept. 14, 2016, when Florida's Fourth District Court of Appeal (Fourth DCA) reversed a verdict entered against a...more
Companies facing "take-home" asbestos or other toxic tort exposure claims in Arizona, or in other jurisdictions applying Arizona law, now have a new case to cite in dispositive motions. With the Sept. 20 Arizona Court of...more
In Schiffer v. CBS Corporation (filed 9/9/15; modified 9/30/15), the California Court of Appeal, First Appellate District, affirmed summary judgment in favor of the defendant asbestos insulation manufacturer finding...more
In Sherman v. Hennessy Industries, Inc. (No. B252566, filed June 18, 2015), the Court of Appeal, Second District, reversed a trial court’s grant of summary judgment in favor of a manufacturer of a brake grinding machine. The...more