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HTMLThe Wait Is Over: Liable Parties Can Now Seek Early Contribution Claims Without New Jersey Department of Environmental Protection Approval
Geewon Cha, Barbara Hopkinson Kelly; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
The recent Supreme Court of New Jersey ruling in Magic Petroleum v. Exxon Mobil demonstrates a trial court’s ability to allocate liability to “dischargers” while maintaining the role of the state’s Department of Environmental Protection (DEP) in determining the remediation...

 

HTMLThe Real Asbestos Fraud
Brayton Purcell LLP;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
The great disingenuous that accompanies much of the asbestos industries attempt to defend the indefensible arises from the fact that because individual asbestos fibers are so small, less than 0.02 microns in diameter, and are a mineral fiber and not technically "manufactured," they didn't...

 

HTMLResidents Alerted to Asbestos Discovery in Oregon Neighborhood
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
September 1, 2014, previously published on August 25, 2014
Oregon residents in the city of Hillsboro received a summer surprise when they were alerted to asbestos exposure in the neighborhood near the corner of SE Ninth Avenue and SE Maple Street. Five houses purchased to make way for a new parking area were discovered to contain asbestos after several...

 

HTMLFourth Circuit Affirms Maryland District Court’s Decision to Remand Case to State Court Where Defendant Did Not Raise Timely Federal Defense Under 28 U.S.C. § 1446(b)
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 27, 2014, previously published on August 2014
In Kathleen Wood v. Crane Co, the United States Court of Appeals for the Fourth Circuit was asked to review an asbestos action involving Defendant, Crane Company (“Crane”), one of many defendants in the litigation, which removed the case to federal court based on federal officer...

 

HTMLAsbestos Use Rises in India Despite Protests
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
August 26, 2014, previously published on August 15, 2014
Despite hundreds of asbestos and medical professionals advising India against the use of the substance, government officials continue to condone and encourage asbestos use in commercial and residential construction projects within the country.

 

HTMLNew South Wales Investigates Mr. Fluffy Asbestos in Homes
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
August 25, 2014, previously published on August 20, 2014
The New South Wales government has announced that it is offering free inspections within homes built before 1980 in 14 local government areas. The residences, located in the southwest area of the Australian state, are believed to contain "Mr. Fluffy" loose-fill asbestos insulation.

 

HTMLJury Finds in Favor of Defense in Philly Benzene Case
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 15, 2014
In the case of Estate of David Butler v. Sunoco, March Term 2012, No. 1641, tried before Judge Rosalyn Robinson in the Philadelphia Court of Common Pleas, the jury returned a unanimous verdict in favor of the defendant, Sunoco, where it was alleged that use of the defendant's gasoline caused the...

 

HTMLPA Superior Court Rules Statute of Repose Applies to Asbestos Cases
Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 1, 2014
In Graver v. Foster Wheeler, 2014 PA Super 132, the court held that Pennsylvania's statute of repose for improvements to real property, 42 PA. Cons. Stat. Ann § 5536, is available as a defense to asbestos personal injury claims.

 

HTMLNJ Supreme Court Asked to Consider Bare Metal Defense
Armand J. Della Porta, Paul C. Johnson, Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 1, 2014
As a follow up to the case of Hughes v. A.W. Chesterton, 2014 N.J. Super. LEXIS 54 (App. Div. 2014), which was reported in the May issue of Legal Update for Toxic Torts, the Plaintiff has petitioned to New Jersey to consider the issue of "whether a manufacturer, which has a duty to warn of the...

 

HTMLTrial Court Properly Excluded Defense Expert Testimony on Cigarette Smoking as Contributing to Plaintiff’s Lung Cancer in Asbestos Case
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 19, 2014, previously published on August 2014
In Carter v. The Wallace & Gale Asbestos Settlement Trust (No. 84, Court of Appeals of Maryland, July 21, 2014), the primary issue was whether apportionment of damages was appropriate in the wrongful death and asbestos litigation context-specifically in a smoking lung cancer case....

 


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