News & Analysis as of

Toxic Exposure Bodily Injury

Carlton Fields

Seventh Circuit Affirms Broad Reading of CGL Policy’s “Radioactive Matter Exclusion” to Include EMF Radiation

Carlton Fields on

On July 9, 2025, in Hammond Power Solutions Inc. v. National Union Fire Insurance Co., the Seventh Circuit Court of Appeals affirmed the district court’s decision granting summary judgment to the insurer and finding, under...more

Goldberg Segalla

Summary Judgment Granted in Favor of Pipe Fitting Defendant

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Court: United States Court for the Middle District of North Carolina - In this asbestos action, plaintiff Linwood W. Pierce alleged he was exposed to asbestos throughout his career as a welder and pipefitter from the...more

DLA Piper

Out-of-State Companies Face Increased Litigation Risk Under Illinois's Proposed Jurisdictional Law

DLA Piper on

Illinois is known for large verdicts in toxic tort cases, and the state has become a prime venue for forum shopping by plaintiffs’ attorneys. Illinois Senate Bill 328, if signed into law, will make it easier for plaintiffs to...more

Goldberg Segalla

Plaintiffs Win Appeal Regarding Ambiguous Language In Insurance Policy On Bodily Injury

Goldberg Segalla on

Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit - Mr. May died from Mesothelioma and the plaintiffs filed a wrongful death and survival action alleging the decedent was exposed to asbestos while working as a...more

Goldberg Segalla

Manufacturer’s Motion for Summary Judgment on Personal Jurisdiction Denied

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Jurisdiction: Schenectady Supreme Court, New York - Defendant Fives Giddings & Lewis were sued in New York by plaintiff McCune, based on the allegation that their machinery exposed him to asbestos. Mr. McCune filed this...more

Morris James LLP

Recent Developments in Depo-Provera Litigation: Formation and Progress of Multidistrict Litigation (MDL)

Morris James LLP on

The legal landscape surrounding Depo-Provera, a long-acting injectable birth control, has entered a pivotal phase. With the growing number of lawsuits alleging that the drug caused serious brain tumors known as meningiomas,...more

Maron Marvel

Mass and Toxic Tort Case Update - Asbestos

Maron Marvel on

Maffei v. A.O. Smith Water Prods. Co. (In re N.Y.C. Asbestos Litigation), 2025 N.Y. Slip Op. 1425 (N.Y. App. Div. 2025) - Valuing asbestos cases can sometimes be complicated but on March 13th, 2025, the NY Appellate Court...more

Zelle  LLP

“Occurrence” Provisions Within Excess Policies Support an Exposure Trigger Theory Application for Asbestos-Related Claims

Zelle LLP on

Asbestos fibers, chemical fumes, environmental pollutants—what do they have in common? They all involve injuries that manifest over time and are continuously at the center of the complex exposure trigger debate....more

Akerman LLP

Georgia Federal Court Applies “Fungi or Bacteria” Exclusion and Holds Insurer Owed No Duty to Defend Mold Exposure Wrongful Death...

Akerman LLP on

In Nationwide Property & Casualty Insurance Company v. Hampton Court, L.P., et al. the United States District Court for the Northern District of Georgia granted an insurer's motion for judgment on the pleadings that it owed...more

Husch Blackwell LLP

Texas Court Upholds Summary Judgment in Silica Case

Husch Blackwell LLP on

The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The...more

Hissey, Mulderig & Friend, PLLC

U.S. Navy Veterans With Cancer from AFFF May Qualify to File a Lawsuit

Veterans of the U.S. Navy who were exposed to Aqueous Film Forming Foam (AFFF) and diagnosed with kidney cancer, pancreatic cancer, testicular cancer, or other types of cancers may be eligible to file a lawsuit and receive...more

Goldberg Segalla

Supreme Court of New York Grants Defendants’ Motion to Dismiss Based upon Statute of Limitations

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Supreme Court of New York – New York County Eric Biljetina, et al. vs. Brenntag North America, Inc., et al. In this action, the plaintiffs allege the decedent had asbestos exposure through the use of Jean Nate talcum powder....more

Goldberg Segalla

First Department Affirms New York Jurisdiction Over Automotive Defendants

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Court: Supreme Court, Appellate Division, First Department (NY) - In this asbestos action, plaintiffs allege that decedent, John Beagan, was exposed to asbestos-containing products while in work areas of New York car...more

Goldberg Segalla

Judicial Hellholes: 2024-2025 Executive Summary

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The 2024-2025 Judicial Hellholes report shines its brightest spotlight on 10 jurisdictions that have earned reputations as Judicial Hellholes. Asbestos litigation continues to be a trend within numerous jurisdictions....more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Holds That Employer’s Liability Exclusions May Not Bar Coverage For Asbestos Claims Of An Employee’s...

Houston Harbaugh, P.C. on

Employer’s Liability Exclusions typically apply to claims for bodily injury to employees arising out of and in the course of their employment by the insured. But, to what extent might such exclusions apply to claims for...more

Goldberg Segalla

Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

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Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In...more

Marshall Dennehey

Expert Testimony on Permanency of Respiratory Injury Requires Reference to Empirical Data

Marshall Dennehey on

Garced v. United Cerebral Palsy of Phila., 307 A.2d 103 (Pa. Super. 2023) - This matter involved a plaintiff’s claim that he developed reactive airway disease syndrome (RADS) from exposure to the fogging disinfectant...more

Goldberg Segalla

Fifth Circuit Affirms District Court Decisions Excluding Appellants’ Experts Reports and Granting Summary Judgment

Goldberg Segalla on

Court: United States Court of Appeals for the Fifth Circuit - Plaintiff Harry Marsh worked as a merchant mariner from 1944 to 1992. He was diagnosed with mesothelioma in 2018 and subsequently sued the owner of every vessel he...more

Maron Marvel

Sixth Circuit Decision Reinforces that Standing & Traceability Key in PFAS Class Actions

Maron Marvel on

The recent decision by the Sixth Circuit in Hardwick and a review of the law from various jurisdictions supports the challenges that Plaintiffs face in proving standing for class certification in PFAS lawsuits. Late in 2023,...more

Goldberg Segalla

Talc Defendant Denied Summary Judgment in NYCAL

Goldberg Segalla on

Court: Supreme Court of New York, New York County - In this talc action, plaintiff Christina Thomas alleged she was exposed to asbestos from products manufactured by defendant Port Jervis Laboratories Inc., s/h/a Kolmar...more

Hissey, Mulderig & Friend, PLLC

Asbestos Bankruptcy Trusts Offer Compensation to Victims of Exposure and Families

The link between asbestos exposure and an increased risk of diseases such as mesothelioma cancer, asbestos lung cancer, asbestosis, or other diseases was conclusively established in the 1970s. When this information was made...more

Holland & Hart LLP

Georgia-Pacific Ruling Furthers Texas Two-Step Challenges

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The U.S. Court of Appeals for the Fourth Circuit recently approved injunctive relief as part of a strategy for settling mass tort claims through the Chapter 11 bankruptcy case of Bestwall LLC, an entity created by...more

Console and Associates, P.C.

Senate Passes PACT Legislation for Burn Pit Victims

The U.S. Senate passed the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. The PACT Act is a substantial step in expanding healthcare services and benefits to the millions...more

Goldberg Segalla

Recovery of Damages Permitted as to Adult Children, Disallowed as to Spouse in Wrongful Death Action

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Court of Appeal of Florida, Fourth District, March 30, 2022 In this matter, the decedent alleged exposure to asbestos during military service, throughout his career working at various industrial plants, and at his own home...more

Searcy Denney Scarola Barnhart & Shipley

Florida Agricultural Workers Seek Paraquat Parkinson’s Disease Class Action Lawsuit

A group of Florida agricultural workers is seeking to be part of a class action lawsuit against the makers of paraquat, an herbicide known to be toxic, alleging that exposure to paraquat increases the risk of developing...more

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