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|Steelmaker Fined $170,000 for Asbestos Violations|
Waters Kraus LLP;
September 21, 2016, previously published on September 12, 2016Pittsburgh’s U.S. Steel has been fined $170,000 for exposing seven workers to asbestos hazards. According to Scott Frost, a partner with the mesothelioma law firm Waters Kraus & Paul, steel mill employees have been heavily exposed to asbestos on the job for decades. As a result, they are...
|Eastern District Court of Pennsylvania Predicts Applicability of the “Bare Metal”
Defense in Pennsylvania Asbestos Litigation|
Melissa Devich Cochran; Marshall Dennehey Warner Coleman & Goggin, P.C.;
September 12, 2016, previously published on September 1, 2016Known in the asbestos community as the “bare metal” defense is the theory that a product manufacturer cannot be held liable for alleged harms caused by asbestos component parts used with its product when it did not manufacture, distribute or supply the component part. This theory is...
|Italian Company Officials Sentenced for Mesothelioma Deaths|
Waters Kraus LLP;
August 16, 2016, previously published on August 8, 2016Most mesothelioma asbestos lawsuits in the United States do not end with a criminal conviction and jail sentence for those found to be responsible. Things recently went very differently for former company officials with Italian electronics company Olivetti. Several company managers were sentenced...
|Plaintiff Fails to Identify a Specific Asbestos Containing Product Manufactured, Delivered, Distributed or Supplied by the Defendant: Asbestos Injury Claim Dismissed|
Abrams Gorelick Friedman Jacobson LLP;
August 10, 2016, previously published on May 6, 2016A Complaint alleging asbestos injury has been dismissed as against one of numerous defendants where plaintiff failed "to adequately identify a specific asbestos containing product manufactured, delivered, distributed or supplied by the defendant ... which exposed the plaintiff to asbestos...
|Talc Litigation: The Big Picture|
Michael Jordan; Nexsen Pruet, LLC;
August 5, 2016, previously published on May 20, 2016In 2015 and 2016, juries awarded $13 million in a talc case in California, and $72 million and $55 million in talc cases tried in Missouri.
|Americans Still at Risk for Mesothelioma from Asbestos|
Waters Kraus LLP;
July 29, 2016, previously published on June 6, 2016Decades after the U.S. Environmental Protection Agency began regulating and eventually banning the use of asbestos in a wide variety of products, asbestos continues to cause the deaths of thousands of Americans each year, including the roughly 3000 who are diagnosed every year with mesothelioma....
|Party Not Entitled to Counsel Fees for Either Negotiations or Litigation Involving Access Agreement for Remediation on Residential Property|
Kevin T. Bright, Lila Wynne; Marshall Dennehey Warner Coleman & Goggin, P.C.;
July 28, 2016, previously published on July 14, 2016In State Farm Fire and Casualty Insurance Company v. Florkiewicz, 2008 N.J. Super. Unpub. LEXIS 572 (App. Div. 2008), State Farm Fire and Casualty Insurance Co. appealed from a judgment which granted Marion Florkiewicz’s application for counsel fees incident to the negotiation of an access...
|A Refresher on the Test for Gross Negligence: Zaravellas v. Armstrong, 2016 ONSC 3616|
Rebecca Bush, Jonathan Chen; Borden Ladner Gervais LLP;
June 23, 2016, previously published on June 10, 2016In a recent slip and fall decision, Zaravellas v. Armstrong, 2016 ONSC 3616, the Court found that the City of Toronto (the "City") sidewalk in question was not in a dangerous condition and that the City was not grossly negligent. Note that this decision also includes reasons for...
|Chronic Pain in Alberta: Know Your Case Before Going to Trial|
Justine Blanchet; Borden Ladner Gervais LLP;
June 23, 2016, previously published on June 8, 2016Alberta has very recently received another addition to the series of chronic pain cases which provides clarity on that particular type of injury and refines the scope of the Minor Injury Regulation, Alta Reg 123/2004 (the "MIR"). In the very recent decision of Jones v Stepanenko, 2016...
|Delaware Court Clarifies Minimum Contacts Required for Jurisdiction|
Armand J. Della Porta; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 23, 2016, previously published on June 1, 2016The Delaware Supreme Court recently issued an opinion on the requirements for establishing minimum contacts to determine jurisdiction in Genuine Parts Co. v. Cepec, C.A. No. N156-02-184 (April 18, 2016). In an asbestos case, the court followed the U.S. Supreme Court case of Daimler AG v. Bauman,...