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Documents on Toxic Torts, Manufacturing
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|New Trial Required Where Asbestos Manufacturer’s Request for Instruction on Employer’s Duty to Employee Not Given|
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
August 19, 2014, previously published on August 2014Plaintiff’s decedent, Michael Galliher, contracted and died from mesothelioma as a result of exposure to asbestos while employed with Borg Warner (“BW”) at a bathroom fixtures facility. Plaintiff alleged that the materials used at BW were manufactured by the Defendant, R.T....
|Olivet Management Facing $2.3 Million in OSHA Fines For Asbestos Exposure|
Katie Nealon; Brayton Purcell LLP;
May 2, 2014, previously published on April 23, 2014When fighting in court, many employers will argue that they were not aware of the dangers of asbestos at the time their workers were exposed to the substance. The National Toxicity Program declared asbestos a known human carcinogen in 1987, meaning that, today, no one can deny knowing that asbestos...
|California's OEHHA Adds New Chemical to Proposition 65 List, Setting up Product Manufacturers/Distributors as Targets to Eager Plaintiffs' Bar|
Monica Baumann, David P. Callet, James Mattesich; Greenberg Traurig, LLP;
January 16, 2014, previously published on January 14, 2014The California Office of Environmental Health Hazard Assessment (OEHHA) announced that it will add diisononyl phthalate (DINP) to the list of chemicals known to the State to cause cancer for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (widely known as Proposition 65). DINP...
|Lead Paint Makers Suffer Landmark Defeat in California Lawsuit|
James P. Nevin; Brayton Purcell, LLP;
January 14, 2014, previously published on January 10, 2014A state court judge in San Jose, California has ordered lead paint makers to create a $1.1 billion fund to eliminate lead hazards to children in hundreds of thousands of homes in the state.
|Illinois Stops Civil Conspiracy Claims In Asbestos Litigation|
Craig T. Liljestrand; Hinshaw & Culbertson LLP;
December 13, 2013, previously published on November 21, 2013In Gillenwater v. Honeywell International, et al., 2013 WL 5273355 (Ill.App. 4 Dist.) (Sept. 18, 2013), the Illinois Appellate Court for the Fourth District affirmed the Circuit Court of McLean County, granting Defendant's motions for judgment notwithstanding the verdict on the Plaintiff's...
|The Sun, the Moon, and the Air: How Much Deference Should a Court Give to Agency Classifications?|
Melina S.L. Pinilla; Husch Blackwell LLP;
November 25, 2013, previously published on November 6, 2013Much like its classification of the UV rays from sunshine and “moonshine” (alcoholic beverages), the International Association for Research on Cancer (IARC) has now classified outdoor air as a human carcinogen.
|California Court of Appeal Holds Intermediary’s Sophistication Not Sufficient, as a Matter of Law, to Avoid Supplier’s Liability for Injury to Product User|
Mary Ellen Gambino; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 11, 2013, previously published on November 7, 2013On October 29, 2013, the California Court of Appeal affirmed as proper a trial court’s refusal to give defendant John Crane, Inc.’s (Crane’s) requested jury instruction on the “sophisticated user” defense. In Anne Pfeifer, et al. v. John Crane, Inc., California Court...
|Maryland Court of Appeals Narrows Manufacturer’s Duty to Warn Worker’s Household about Risks of Asbestos-containing Products|
Helyna M. Haussler, Sean Higgins, Jason R. Waters; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 30, 2013, previously published on July 26, 2013In Georgia Pacific v. Farrar, No. 102, September Term (MD July 8, 2013), the Maryland Court of Appeals reconsidered a manufacturer’s duty to warn members of a worker’s household about the risks of asbestos-containing products. The court narrowed existing Maryland precedent concerning...
|Manufacturer of Asbestos Products Had No Duty to Warn Granddaughter of Danger from Asbestos Dust Carried Into Home on Grandfather’s Clothes|
Joel M. Celso; Semmes Bowen Semmes A Professional Corporation;
July 18, 2013, previously published on July 2013In this case, Maryland’s Court of Appeals was asked to decide the issue of whether the manufacturer of products containing asbestos owed a duty to family members of individuals who carried asbestos dust home on their clothing to warn of the danger from contact with the dust. The Court of...
|Discoverability of Asbestos Bankruptcy Claim Documents|
Corey M. Dennis, David M. Governo; Governo Law Firm LLC;
October 5, 2012, previously published by The National Forum for Environmental & Toxic Tort Issues (FETTI) Case Law Update Newsletter on Summer/Fall 2012Asbestos litigation has forced numerous companies into bankruptcy. As the traditional asbestos litigation defendant has invariably entered bankruptcy, plaintiffs have increasingly sought to hold less culpable, peripheral defendants accountable. Over the past 30 years, over 50 asbestos personal...