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Key Issues in the U.S. Asbestos (and Talc) Tort System in 2023

The national asbestos litigation machine is running at full speed even though the system is more than five decades old. The machine is national in scope, but it only operates in relatively few state and county jurisdictions....more

Lessons From The ‘First Wave’ Of COVID-19 Personal Injury Claims

When we read between the lines in the first wave of COVID-19 case filings, a few key lessons emerge. As the Wall Street Journal noted on July 30 in “Families File First Wave of COVID-19 Lawsuits Against Companies Over Worker...more

The Impending Peril Of COVID-19 Personal Injury Claims: A Roadmap For Litigation Risk Mitigation

In the United States, it is immensely difficult to prevent a lawsuit by an individual who feels aggrieved and wishes to sue, particularly when they can do so with little or no out-of-pocket expense. But it is good business...more

Today’s ‘Essential Business’ Is A Target In Future Mass Tort

When the COVID-19 lawsuits arrive in the U.S. courts – as they surely will – one major category will be cases following the asbestos national litigation model, a successful tort claim based on a claimaint’s alleged exposure...more

The Ex Post Facto Effect: The U.S. Supreme Court’s DeVries Decision And Asbestos Litigation In The United States

Colleagues and clients frequently pose the question whether after more than forty years the asbestos litigation juggernaut has finally neared its inevitable conclusion. The United States Supreme Court’s recent decision in...more

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