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HTMLAmericans Still at Risk for Mesothelioma from Asbestos
Waters Kraus LLP;
Legal Alert/Article
July 29, 2016, previously published on June 6, 2016
Decades 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....

 

HTMLParty 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.;
Legal Alert/Article
July 28, 2016, previously published on July 14, 2016
In 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...

 

HTMLA Refresher on the Test for Gross Negligence: Zaravellas v. Armstrong, 2016 ONSC 3616
Rebecca Bush, Jonathan Chen; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2016, previously published on June 10, 2016
In 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...

 

HTMLChronic Pain in Alberta: Know Your Case Before Going to Trial
Justine Blanchet; Borden Ladner Gervais LLP;
Legal Alert/Article
June 23, 2016, previously published on June 8, 2016
Alberta 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...

 

HTMLDelaware Court Clarifies Minimum Contacts Required for Jurisdiction
Armand J. Della Porta; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 23, 2016, previously published on June 1, 2016
The 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,...

 

HTMLPhilly Jury Awards $6.5 Million to Lung Cancer Plaintiff
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 9, 2016, previously published on June 1, 2016
William Roverano and his wife were awarded nearly $6.5 million in damages related to his diagnosis and treatment of lung cancer before Court of Common Pleas Judge Victor DiNubile in April 2016. In Roverano v. John Crane, et al., Phila CCP March 2013, No. 1123, the plaintiffs contended that he...

 

HTMLBare Metal Defense Applied Under Maritime Law in Eastern District of PA
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 9, 2016, previously published on June 1, 2016
Judge Eduardo Robreno issued an opinion in DeVries v. General Electric Co., 5:13-00474 (E. D. Pa. May 18, 2016), clarifying the basis for his decision granting summary judgment to several defendants by ruling that the bare metal defense applied in asbestos cases to both theories of negligence and...

 

HTMLNew Mesothelioma Drug Studied in Britain
Waters Kraus LLP;
Legal Alert/Article
June 9, 2016, previously published on April 28, 2016
British researchers are investigating a new drug that may be used to treat mesothelioma, an aggressive cancer caused by asbestos exposure. Mesothelioma is ordinarily discovered only after it has progressed to the late stages, when effective treatment is not possible. HRX9, the drug being studied in...

 

HTMLLeaking California Gas Well Exposes Residents to Benzene
Waters Kraus LLP;
Legal Alert/Article
June 9, 2016, previously published on May 23, 2016
The Aliso Canyon gas leak that began in October 2015 has alarmed nearby California residents who are understandably concerned about their health and safety. The extensive leak has exposed Los Angeles families to a number of harmful chemicals, including benzene, a known carcinogen. Southern...

 

HTMLFlint, Michigan Children Exposed to Dangerous Lead Levels
Waters Kraus LLP;
Legal Alert/Article
June 9, 2016, previously published on June 1, 2016
Though the city of Flint, Michigan is surrounded by the largest freshwater supply in the world, its citizens have been drinking tap water contaminated with lead and other dangerous substances. Lead exposure is known to cause a number of problems in children, including: a reduction in IQ; attention...

 


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