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|Texas Supreme Court Holds That Requirement to Provide Evidence of Approximate Dose Applies to Mesothelioma Cases as Well as Asbestosis Cases|
Sean Higgins; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 29, 2014, previously published on July 22, 2014On July 12, 2014, in Bostic v. Georgia Pacific Corp., No. 10-0775, a six-justice majority of the Texas Supreme Court issued a major decision on causation in asbestos cases. The Court held that the requirement to provide evidence of approximate dose announced in Borg Warner v. Flores, 232 S.W.3d 765...
|Texas Supreme Court Enforces Medical Criteria for Claims Involving Asbestos and Declares the Application of Chapter 90 Constitutional|
Shawn D. Golden, Sean Higgins, James H. Powers; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 29, 2014, previously published on July 24, 2014In a 5-4 opinion issued in Union Carbide Corporation v. Daisy E. Synatzske et al. No. 12-0617 (Tex. July 3, 2014), the Texas Supreme Court held that Chapter 90 of the Texas Civil Practices and Remedies Code as applied to the plaintiffs does not violate the Texas Constitution’s prohibition...
|Tobacco Company Puts Sales over Safety|
Katie Nealon; Brayton Purcell LLP;
July 28, 2014, previously published on July 25, 2014Gil Purcell, our senior trial lawyer, has fought for the rights of asbestos victims for over almost thirty years. His dedication to public justice has allowed him to represent many individuals across the nation in different court rooms. And while Mr. Purcell is regarded as a premiere asbestos...
|$11.6 Million Asbestos-Exposure Verdict In Texas Not Supported By Sufficient Evidence|
Sutherland Asbill Brennan LLP;
July 24, 2014, previously published on July 18, 2014The Supreme Court of Texas held last week that the standard of substantial factor causation previously recognized by the court in asbestosis cases also applies to mesothelioma cases. The case involved claims by the estate of a 40-year old individual who died from mesothelioma against 40 defendants...
|New York Court of Appeals Sustains Anti-hydrofracking Zoning Regulations as Permissible Exercise of Municipal Authority Under Home Rule Law|
Alexander L. Betke, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 18, 2014, previously published on July 1, 2014 In a closely watched decision, a majority of the New York Court of Appeals has held that local anti-hydrofracking zoning rules can trump the state’s pro-energy development oil and gas law. The Court’s decision came in a pair of cases, In the Matter of Mark S. Wallach, as Chapter 7...
|Round Three: California Appellate Courts Home in on Duty of Care in Household Asbestos Exposure|
Eimi Watanabe; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 18, 2014, previously published on July 1, 2014On June 3, 2014, Wilson Elser issued a Client Alert on the decision in Johnny Blaine Kesner Jr. v. Superior Court of Alameda County (2014) 226 Cal.App.4th 251, in which the First District Court of Appeal held that an employer owed a duty of care to a third party for exposure to asbestos through...
|The Use of Botulinum Toxin Products in Cosmetic Applications - What’s the Litigation Risk?|
Donna Marie Baloy; Wilson Elser Moskowitz Edelman & Dicker LLP;
July 17, 2014, previously published on June 2014Botulinum toxin products such as Botox® and Dysport® are used cosmetically for temporary improvement in the appearance of glabellar lines (“frown lines”) and lateral canthal lines (“crow’s feet”) in adults. Essentially, these products employ a neurotoxin,...
|Pa. Superior Court Confirms Statutory Right of Repose for Improvements to Real Estate in Asbestos Cases|
Duane Morris LLP;
July 16, 2014, previously published on July 8, 2014The Pennsylvania Superior Court reversed a jury verdict in favor of plaintiffs in an asbestos mesothelioma case, finding that the 12-year statute of repose bars all claims related to improvements constructed on real estate brought beyond the statutory period pursuant to 42 Pa. Cons. Stat. Ann....
|Plaintiffs Required to Exhaust Administrative Remedies before Challenging CMS Compromise Figures|
Fineman Krekstein Harris P.C.;
July 10, 2014, previously published on June 23, 2014In Torres v. Consolidated Rail Corp. (In re Asbestos Prods. Liab. Litig.), 2014 U.S. Dist. LEXIS 24138 (E.D. Pa. Feb. 24, 2014), the District Court for the Eastern District of Pennsylvania considered a challenge to the Centers for Medicare & Medicaid Services’ (CMS) right to recover...
|Garlock Accused of Fraud after Controversial Trial|
Katie Nealon; Brayton Purcell LLP;
July 2, 2014, previously published on June 25, 2014You might recall one of our May blog posts touching on the controversial Garlock Sealing Technologies bankruptcy case that took place earlier this year. Many worry that the results of that controversial trial might make it more difficult for victims of asbestos exposure to gain compensation in the...