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Toxic Exposure Wrongful Death

DLA Piper

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

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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

Washington Court Awards $16M Plaintiff Verdict after Default Judgment

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Court: Washington Superior Court, Pierce County - A Washington state court in April awarded $16 million to the estate of decedent Steven Korzerke after a default judgment was entered against defendant Asbestos Corp. LTD, a...more

Hissey, Mulderig & Friend, PLLC

Louisiana Asbestos Workers May Qualify for Lung Cancer or Mesothelioma Lawsuits

Asbestos workers in the state of Louisiana who have been diagnosed with mesothelioma cancer or asbestos lung cancer may be eligible to file a lawsuit or bankruptcy trust claim against the companies responsible for their...more

Akerman LLP

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

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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

Goldberg Segalla

Illinois Jury Finds for Plaintiff in Wrongful Death Action Involving Asbestos Exposure

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Jurisdiction: Illinois Circuit Court – Cook County - This lawsuit involved a survival and wrongful death action brought under the Federal Employers’ Liability Act (FELA) in Illinois.  Plaintiff, Annette Sanders, represented...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Toxicology in Florida Accident Investigations: What Happens If Drugs or Alcohol Are Suspected?

Accident investigations are essential for determining cause(s), assigning liability, and improving public safety. In Florida, where bustling roads, recreational boating, and tourism create dynamic environments, the role of...more

Goldberg Segalla

Jury Verdict Reversed and Remanded on Appeal in California

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Court: Court of Appeal of California, First Appellate District, Division Two -   Plaintiff Steven Watts filed a lawsuit in the Superior Court of Alameda County, California naming 36 defendants who were alleged to have...more

Goldberg Segalla

Talc Manufacturer’s Motion to Dismiss for Failure to State a Claim Granted

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U.S. District Court for the Eastern District of Missouri, Eastern Division - Decedent Carole Zicklin passed away from mesothelioma in September 2021. The decedent’s daughters subsequently filed a wrongful death lawsuit...more

Husch Blackwell LLP

Let’s Get Hitched: Florida Supreme Court Expands Interpretation of “Surviving Spouse” Under the Florida Wrongful Death Act

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In Ripple v. CBS Corporation, et. al., the Florida Supreme Court held a surviving spouse is entitled to recovery for wrongful death under the Florida Wrongful Death Act (the Act), codified at Fla. Stat. §§ 768.16-768.26...more

Goldberg Segalla

Appellate Court Affirms Finding of Liability against Talc Defendant; Vacates Apportionment of Liability

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Court: Superior Court of Pennsylvania - In this asbestos action, appellant American International Industries (AII) appealed from a judgment entered in December 2022 awarding damages to appellee, Holly Fisher, executrix of the...more

Goldberg Segalla

Motion to Dismiss Damages under Maritime Law Granted in Part

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Jurisdiction: United States District Court for the Central District of California- In this action, the plaintiffs filed suit on behalf of the decedent, William Banks, in Los Angeles County Superior Court and thereafter...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

Goldberg Segalla

Various Defendants’ Motions to Dismiss Granted for Failure to Identify Specific Product

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U.S. District Court for the Eastern District of Missouri, Eastern Division - As previously reported by the Asbestos Case Tracker, decedent Gustave Sahm died from lung cancer allegedly caused by asbestos exposure from...more

Husch Blackwell LLP

Walls Closing in on Experts: Federal Court Clarifies Daubert Rulings in Asbestos Case

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In orders issued on October 25, 2022 and November 9, 2022, U.S. District Court Judge Loretta Biggs provided some clarification to her prior expert rulings in the matter of Walls v. Ford Motor Company, et al., a mesothelioma...more

Goldberg Segalla

Defendants’ Corporate Representatives’ Testimony Condemns own Motions

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United States District Court for the Middle District of Louisiana, October 31, 2022 - Plaintiffs brought this wrongful death and survival action on behalf of decedent Kirk Reulet, alleging that Mr. Reulet was exposed to...more

Goldberg Segalla

Summary Judgment Affirmed for Trailer Manufacturer

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Court of Appeal of Louisiana, Fourth Circuit, September 28, 2022 - In this asbestos action, John Brindell (“Brindell”) allegedly contracted mesothelioma as a result of working as a mechanic for Puerto Rico Marine...more

Goldberg Segalla

Judgment Against Dryer-Felt Supplier Affirmed on Appeal

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Court of Appeals of South Carolina, August 3, 2022 - In this asbestos action, decedent Stephen Stewart alleged exposure from working with asbestos-containing dryer felt associated with a paper machine from 1963 until...more

Goldberg Segalla

Summary Judgment Granted for Insurer Where Plaintiff Failed to Establish Injury Occurred in Policy Period

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U.S. District Court for the Eastern District of Louisiana, August 3, 2022 - Originally filed by Decedent prior to his passing related to mesothelioma, Plaintiffs were substituted as the parties in a wrongful death claim...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

Husch Blackwell LLP

Statute Of Limitations On Asbestos Claims: MN Supreme Court Reinforces

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The statute of limitations on asbestos claims was recently reevaluated by the Minnesota Supreme Court. In Palmer v. Walker Jamal Company, the court reinforces that the clock begins when the plaintiff learns they have an...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 2, 2020

Welcome to 2020's second edition of Product Lines, our e-newsletter that focuses on toxic torts and product liability issues. For this edition, we are reporting on several important and timely legal issues. As you will...more

Robins Kaplan LLP

Robins Kaplan Justice Report Winter 2020 | VOL. 14 NO. 1

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DUSTING SPRAY DEATHS AND INJURIES - Robins Kaplan LLP is investigating and litigating “dusting” cases, which arise when someone inhales—or “huffs”—compressed gas dusting spray for its intoxicating effects while driving and...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Products Liability Insights: Issue 3, 2019

Welcome to the third 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues.... In This Edition: - Vitamin E Found in Cannabis-Containing Vape Products Linked...more

Fox Rothschild LLP

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

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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

Blank Rome LLP

The Supreme Court Adopts a Middle of the Road Approach When Deciding a Manufacturer’s Duty to Warn in the Context of Maritime Tort...

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On March 19, 2019, the U.S. Supreme Court in Air & Liquid Systems Corp. v. Devries held that, under maritime law, a product manufacturer has a duty to warn of asbestos or other hazardous parts when its own product, although...more

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