United States Court of Appeals for the Fifth Circuit - In December 2018, Sue Perry (“decedent”) passed away following her second lung cancer diagnosis. Her surviving husband and daughters (“plaintiffs”) alleged that she...more
In a unanimous opinion, the California Supreme Court answered two questions posed to it by the Ninth Circuit Court of Appeal, finding that an employer is not liable for a COVID-19 injury sustained by an employee’s household...more
A California appeals court permitted a Los Angeles County wrongful death lawsuit for COVID-19 “take-home” liability to proceed. The plaintiff claims that plaintiff’s employer’s negligence resulted in plaintiff’s transmitting...more
On July 12, 2018, in an unpublished opinion, the Illinois 5th District Court of Appeals reversed the Madison County Court, which had denied Ford Motor Company’s motion to dismiss for lack of personal jurisdiction in an...more
New Developments - Which Came First: Subject Matter or Personal Jurisdiction? Two recent Eastern District of Missouri cases examined the same issue, yet the court reached opposite results. In Lewis v. Johnson & Johnson...more
Recently, in State ex rel. American Electric Power v. Swope, the West Virginia Supreme Court ordered the dismissal of a number of mixed dust exposure cases. Dozens of persons brought claims alleging injuries as a result of...more
Companies facing "take-home" asbestos or other toxic tort exposure claims in Arizona, or in other jurisdictions applying Arizona law, now have a new case to cite in dispositive motions. With the Sept. 20 Arizona Court of...more