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HTMLTexas 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;
Legal Alert/Article
July 29, 2014, previously published on July 22, 2014
On 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...

 

HTMLTexas 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;
Legal Alert/Article
July 29, 2014, previously published on July 24, 2014
In 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...

 

HTMLTobacco Company Puts Sales over Safety
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
July 28, 2014, previously published on July 25, 2014
Gil 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...

 

HTML$11.6 Million Asbestos-Exposure Verdict In Texas Not Supported By Sufficient Evidence
Sutherland Asbill Brennan LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
The 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...

 

HTMLNew 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;
Legal Alert/Article
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...

 

HTMLRound Three: California Appellate Courts Home in on Duty of Care in Household Asbestos Exposure
Eimi Watanabe; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 18, 2014, previously published on July 1, 2014
On 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...

 

Adobe PDFThe Use of Botulinum Toxin Products in Cosmetic Applications - What’s the Litigation Risk?
Donna Marie Baloy; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
July 17, 2014, previously published on June 2014
Botulinum 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,...

 

HTMLPa. Superior Court Confirms Statutory Right of Repose for Improvements to Real Estate in Asbestos Cases
Duane Morris LLP;
Legal Alert/Article
July 16, 2014, previously published on July 8, 2014
The 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....

 

HTMLPlaintiffs Required to Exhaust Administrative Remedies before Challenging CMS Compromise Figures
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 10, 2014, previously published on June 23, 2014
In 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...

 

HTMLGarlock Accused of Fraud after Controversial Trial
Katie Nealon; Brayton Purcell LLP;
Legal Alert/Article
July 2, 2014, previously published on June 25, 2014
You 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...

 


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