News & Analysis as of

U.S. Navy Toxic Exposure

Husch Blackwell LLP

U.S. Navy’s Nonadherence to Asbestos Policy Opens Door to Lawsuit

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As a sovereign entity, the United States government is immune from suit unless it consents to be sued. However, its sovereign immunity may be waived under certain circumstances under the Federal Torts Claim Act (“FTCA”),...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

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

Ward and Smith, P.A.

Summary of the Government's "Elective Option" for Camp Lejeune Water Contamination Claims

Ward and Smith, P.A. on

On September 6, 2023, the Department of the Navy ("Navy") announced a framework for evaluating and potentially settling a limited number of claims brought under the Camp Lejeune Justice Act.  This framework, referred to as...more

Goldberg Segalla

Questions of Fact Split Summary Judgment for Valve Defendants

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U.S. District Court for the Western District of Washington - In this asbestos action, the plaintiff alleges that decedent David Welch’s mesothelioma was caused by his exposure to asbestos from his service in the U.S. Navy...more

Maron Marvel

Recent Pennsylvania Superior Court Decisions Pose Challenges for Defendants in Asbestos Cases

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The Pennsylvania Superior Court recently issued two decisions that present challenges to defendants in prevailing at summary judgment in asbestos cases....more

Goldberg Segalla

Plaintiffs’ Motion to Remand Granted Based on Claim Disclaimer in Action against Boiler Manufacturer

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U.S. District Court for the Middle District of Pennsylvania, August 2, 2022 - Plaintiffs Kathryn and Earl Heilner filed a lawsuit against Foster Wheeler and 71 other defendants in the Dauphin County Court of Common Pleas...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

Beveridge & Diamond PC

Too Much to “Bare”: US Supreme Court Rejects Bare Metal Defense Under Federal Maritime Law

In an eagerly anticipated decision by the asbestos bar, the United States Supreme Court in Air & Liquid Systems et al. v. DeVries et at., Dkt. No. 17-1104, 2019 WL 1245520 (March 19, 2019) rejected the “bare metal defense” as...more

Polsinelli

U.S. Supreme Court Rejects Asbestos Defendants “Bare Metal Defense” in Maritime Cases

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In Air & Liquid Sys. Corp. et al. v. DeVries et al., No. 17-1104 (March 19, 2019), the U.S. Supreme Court held that under federal maritime law, a product manufacturer has a duty to warn when its product requires the...more

Pillsbury - Gravel2Gavel Construction & Real...

SCOTUS Limits “Bare Metal Defense”

On March 19, the U.S. Supreme Court decided the case of Air & Liquid Systems Corp. v. Devries, affirming the ruling of the U.S. Court of Appeals for the Third Circuit in this maritime tort case involving the availability of...more

Cozen O'Connor

SCOTUS Rejects Bare Metal Defense in Maritime Products Liability Actions Involving Asbestos Exposure

Cozen O'Connor on

On March 19, 2019, the U.S. Supreme Court decided the first case involving maritime law in several years. In Air & Liquid Systems Corp. et al v. Devries, et al, 586 US ___ (2019), Justice Kavanaugh, writing for the majority...more

Husch Blackwell LLP

U.S. Supreme Court Narrows “Bare Metal Defense” For Maritime Asbestos Cases

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In its decision Tuesday, the U.S. Supreme Court held, under maritime law, that manufacturers can be held liable for injuries caused by asbestos-containing parts manufactured and added to their products by third parties. The...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Air & Liquid Systems Corp. v. DeVries

On March 19, 2019, the Supreme Court decided Air & Liquid Systems Corp. v. DeVries, No. 17-1104, holding that in the maritime tort context, a product manufacturer has a duty to warn when: 1) its product requires incorporation...more

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