Two recent Eastern District of Missouri cases examined the same issue, yet the court reached opposite results. In Lewis v. Johnson & Johnson and Jinright v. Johnson & Johnson, the court considered whether subject matter jurisdiction or personal jurisdiction should be decided first. [Continue Reading]

In January 2018, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s remand of an asbestos case to state court for being untimely, based on a federal officer removal statute, 28 U.S.C § 1442 (“Statute”). The Court of Appeals found that the Statute allows for removal of a case within 30 days after the date a defendant received the transcript of an oral deposition providing a basis for removal, as opposed to the date on which the relevant deposition testimony was taken. [Continue Reading]

In December, the Pennsylvania Superior Court ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percent they are found liable. Prior to the enactment of the Fair Share Act, a defendant found liable could be on the hook for the entire verdict. [Continue Reading]

Several of our toxic tort litigators are attending this DRI seminar; we hope to see you there!

• A Review of 2017 Personal Jurisdiction Decisions
• Summary of 2017 Talc Verdicts
• Missouri Court of Appeals Reverses Defense Verdict Finding Trial Court’s Allowance of Four Defense Experts as Cumulative and an Abuse of Discretion
• Texas Court of Appeals Denies Rehearing in Goodyear Tire & Rubber Company v. Rogers

Read the full Toxic Tort Monitor Archive

Companies face increasingly well‐coordinated attacks in jurisdictions across the country. These assaults are becoming more complex and costly as plaintiffs’ counsel pursue novel theories and claims to keep asbestos litigation thriving. Husch Blackwell’s team has experience in numerous jurisdictions throughout 37 states. Our attorneys can help you navigate the intricate web of plaintiffs’ firms, changing laws, evolving science and anti-defendant courts. [More information]