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HTMLEnvironmental Appeals Board Decision in the Elementis Case: What It Means For The "Continuing Violation" Doctrine Under The Statute of Limitations For TSCA Section 8(e) and EPA's Guidance Definition For "Corroborative Information"
Kelly V. Friend, Eric P. Gotting, Martha E. Marrapese, David G. Sarvadi; Keller and Heckman LLP;
Legal Alert/Article
May 21, 2015, previously published on April 28, 2015
On March 13, 2015, the Environmental Appeals Board (EAB) overturned a controversial decision issued by an Administrative Law Judge (ALJ) in 2013. The ALJ held that Elementis Chromium (Elementis) failed to report to the U.S. Environmental Protecting Agency (EPA) a study on occupational exposure...

 

Adobe PDFProposition 65 Amendment Seeks To Simplify Process For Determining Safe Harbors
Christopher G. Foster; Morris Polich & Purdy LLP;
Legal Alert/Article
May 20, 2015, previously published on April 29, 2015
Through the initiative process, California voters adopted the Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65. Proposition 65 prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to...

 

HTMLQuestion of Fact Found Regarding if Asbestos Insulation Supplied by Company Was for Improvement of Real Property as Required Under Wisconsin Statute of Repose
Jason A. Botticelli, Joseph J. Welter; Goldberg Segalla LLP;
Legal Alert/Article
May 15, 2015, previously published on April 28, 2015
In this case, the plaintiff, Robin Sorenson, filed strict product liability and negligence claims on behalf of herself and the estate of the decedent who worked as an insulator from 1955 to 1997 and died of lung cancer in 2009. One of the defendants, Building Services Industrial Sales, Inc. (BSIS),...

 

HTMLPump Manufacturer’s Reliance on Affidavit of Technical Consultant Fails to Create a Prima Facie Entitlement to Summary Judgment
Jason A. Botticelli, Joseph J. Welter; Goldberg Segalla LLP;
Legal Alert/Article
May 15, 2015, previously published on May 1, 2015
In this NYCAL case, the plaintiff, Alan Watts, claimed his development of mesothelioma was a result of his service in the Navy as a shipfitter working on a wide range of equipment on various ships between 1944 and 1966. The defendant, pump manufacturer Superior Ledgerwood Mundy Corp. (SLM), as...

 

HTMLSupreme Court Upholds Take-Nothing Judgment for Property Owner Based on Texas Statute Relating to Outside Contractors
Jason A. Botticelli, Joseph J. Welter; Goldberg Segalla LLP;
Legal Alert/Article
May 15, 2015, previously published on May 8, 2015
In this case, it is claimed the plaintiffs’ decedent, Robert Henderson, worked as an insulator for insulation contractor Win-Way Industries and claimed asbestos exposure from both his work and the work of Dow Chemical Company employees installing asbestos insulation at the Dow Freeport Texas...

 

HTMLNYCAL Court Consolidates Nine Cases Into Three Groups Based on Malcolm Factors and Common Questions of Law and Fact
Jason A. Botticelli, Joseph J. Welter; Goldberg Segalla LLP;
Legal Alert/Article
May 15, 2015, previously published on April 29, 2015
In this NYCAL case, the plaintiff brought a motion to consolidate nine asbestos actions for joint trial, claiming that there are common questions of law and fact. The court relied on the factors set forth in Malcolm v. National Gypsum Co., 995 F.2d 346, 350-351 (2d Cir. 1993): common worksite;...

 

HTMLSmokeless Tobacco in the Defense of Asbestos-Related Cancer Claims
David M. Governo, Michael D. Simons; Governo Law Firm LLC;
Legal Alert/Article
May 13, 2015, previously published on April 24, 2015
In asbestos personal injury cases, the plaintiff's smoking history is routinely explored by defense counsel to establish both a proclivity to ignore warnings and to prove causation, most notably in lung cancer cases. As part of any such work up, plaintiffs making claims of asbestos-related cancer...

 

HTMLAsbestos Judgment Final: Second Circuit Confirms Asbestos Judgment Against Travelers
Motley Rice;
Legal Alert/Article
May 6, 2015, previously published on January 5, 2015
Today the U.S. Court of Appeals for the Second Circuit, by denying a request for rehearing and a rehearing en banc, confirmed that the Settlement Agreements Travelers agreed to in 2004 were binding and enforceable contracts between the parties, that all conditions had been satisfied, and that, in...

 

HTMLNew Jersey Jury Awards $1.5 Million to 83-Year-Old Plumber for Mesothelioma
Paul C. Johnson, Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
April 27, 2015, previously published on April 20, 2015
A Middlesex County jury recently handed down a $1.5 million verdict in favor of the plaintiff in a New Jersey asbestos lawsuit before the Honorable Ana C. Viscomi, JSC. The plaintiffs, Ronald Roe and Donna Rowe, his wife, sued a variety of defendants for asbestos exposure arising out of Ronald...

 

HTMLPennsylvania Wrongful Death Claims for Asbestos Injuries Must Be Filed Within Two Years of Date of Diagnosis
Paul C. Johnson, Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
April 27, 2015, previously published on April 10, 2015
In Wygant v. G.E., PA. Super. No. 470 WDA 2014, a case involving claims for asbestos-related death and injury, the Pennsylvania Superior Court affirmed the ruling of the Allegheny County trial court and held that the appellant/decedent's wrongful death claims were barred because they were brought...

 


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