News & Analysis as of

Workplace Hazards Asbestos

Hissey, Mulderig & Friend, PLLC

Asbestos Exposure Widespread at Oil and Gas Job Sites in Texas

Workers at asbestos job sites in the state of Texas may be at risk of developing mesothelioma, asbestos lung cancer, or other diseases as a result of asbestos exposure....more

Goldberg Segalla

ALCOA Denied Summary Judgment Where Question of Fact Exists

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Jurisdiction: Supreme Court of New York, New York County - This action was filed on behalf of decedent, Kenneth Last, alleging he was exposed to asbestos while working for general contractor, ALCOA Inc., n/k/a ARCONIC Inc.,...more

Goldberg Segalla

Defendant Denied Summary Judgment on Punitive Damages for Failure to Provide Case-Specific Support

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Jurisdiction: Supreme Court of New York, New York County - Plaintiff Kevin Burns filed an asbestos-related lawsuit against numerous defendants, including Burnham, testifying that while he worked as a plumber he was exposed...more

Husch Blackwell LLP

Middle District of Pennsylvania Sets out a Road Map for Defendants to Assert the Government Contractor Defense in Asbestos Cases

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The Middle District of Pennsylvania’s opinion in Gorton v. Warren Pumps, LLC supported the government contractor defense and set forth a road map for defendants to follow to win summary judgment. The court, relying on the...more

Goldberg Segalla

Summary Judgment Granted as Premises Owner Did Not Owe a Duty to Independent Contractor’s Employee

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U.S. District Court for the Western District of Pennsylvania, February 15, 2022 - In this asbestos action, Carl Gay alleged that he developed mesothelioma after a forty-year career. From 1974 until 1976, Gay worked as a...more

Husch Blackwell LLP

Pennsylvania Court Applies Maritime Bare Metal Test In Favor Of Defendants

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On July 7, 2021, U.S. District Court Judge Eduardo C. Robreno, who oversees the asbestos multi district litigation (MDL 875) in the Eastern District of Pennsylvania, applied a new standard set forth by the U.S. Supreme Court...more

Husch Blackwell LLP

Fourth Circuit Refuses To Reduce Record-Breaking $32.7 Million Verdict

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On August 24, 2020 in Ann Finch v. Covil Corp., 972 F.3d 507 (4th Cir. 2020), the Fourth Circuit Court of Appeals upheld a North Carolina federal district court’s decision, sustaining a $32.7 million verdict in favor of the...more

Husch Blackwell LLP

Toxic Tort Monitor: Louisiana Upholds Reduction Of A Large Toxic Tort Verdict

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In April, the U.S. District Court Eastern District of Louisiana upheld the reduction of a large toxic tort verdict in James Gaddy, et al. v. Taylor-Seidenbach, Inc., et al., No. CV 19-12926. Plaintiff sought reconsideration...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

Jones Day

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

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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

Husch Blackwell LLP

Supreme Court Of Virginia Recognizes Employer Liability For “Take Home” Exposure

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Recently, a divided Supreme Court of Virginia, in a 4-3 decision, recognized an employer’s liability for “take home” exposure. In Quisenberry v. Huntington Ingalls Inc., 818 S.E.2d 805 (Va. 2018), the Supreme Court held that...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Cement Pipe: April 25th U.S. Environmental Protection Agency Federal Register Notice Addressing Proposed Alternative Work...

The United States Environmental Protection Agency (“EPA”) in an April 25th Federal Register notice requests comment on an Alternative Work Practice (“AWP”) to: . . . use new technology and work practices developed for...more

Troutman Pepper

The King’s Time Is Up: Arizona Supreme Court Holds That the Statute of Repose Bars Untimely Claims by State Entities and Overrides...

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City of Phoenix v. Glenayre Elecs., Inc., 2017 Ariz. LEXIS 121 (Ariz. May 10, 2017) - Between 1960 and 2000, Carlos Tarazon (“Tarazon”) performed work installing and repairing water piping for various contractors and...more

Perkins Coie

California Supreme Court Establishes Duty in Take-Home Asbestos Exposure Cases

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On December 1, 2016, the Supreme Court of California held that the duty of employers and premises owners to exercise ordinary care in their use of asbestos in their businesses includes a duty to take reasonable care to...more

Polsinelli

"Take-Home" Asbestos Case Decision Could have Ripple Effect

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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

Polsinelli

Court Decision Makes it Easier for Plaintiffs to Pursue Claims Against Companies in Indiana

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On March 2, 2016, the Indiana Supreme Court struck down Section 2 of the Indiana Product Liability Act and held that its statute of repose “does not apply to cases involving protracted exposure to an inherently dangerous...more

Polsinelli

Illinois Supreme Court Narrows Ability for Employees to Sue for Alleged Occupational Diseases

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On November 4, 2015, in the case of Folta v. Ferro Engineering, 2015 Il 118070 (2015), the Illinois Supreme Court strengthened the exclusivity provision of the Illinois Workers' Compensation Act and Illinois Occupational...more

K&L Gates LLP

Coverage Options for Employee Asbestos Claims

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Over the past year, courts in Illinois and Pennsylvania have dramatically altered the ability of an employee to bring claims against past and present employers for asbestos-related injuries. Traditionally, employees were...more

Baker Donelson

Was Asbestos Used in Your Drilling Mud Program?

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With the bankruptcy of dozens of traditional defendants in asbestos litigation, plaintiffs' attorneys have been creative in pursuing claims in previously untapped areas. One such area is alleged oilfield worker exposure via...more

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