June 18, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden |
New Developments |
New Tool for Non-Resident Defendants Seeking to Challenge Personal Jurisdiction in Illinois By Dominque Savinelli If you are a non-resident corporate defendant in Cook County, Illinois, you should become familiar with Campbell v. Acme Insulations, Inc., as it will undoubtedly serve as a useful blueprint for future challenges to the exercise of personal jurisdiction in that state. [Continue Reading] |
United States Supreme Court to Consider the Bare Metal Defense By Andrew Hahn The United States Supreme Court granted a petition for certiorari in Air and Liquid Systems Corp. et al. v. Devries et al. and is set to wade into the fiercely contested waters surrounding the bare metal defense under maritime law. Generally, the bare metal defense asserts that defendants that manufactured products composed of only metal, and no asbestos components, have no liability regarding asbestos-containing components later utilized in or on their products. The Court will directly address the question: “Can products-liability defendants be held liable under maritime law for injuries caused by products that they did not make, sell, or distribute?” [Continue Reading] |
Missouri Supreme Court Holds that the Workers Compensation Additional Mesothelioma Benefit Provides Claims-Made Coverage Trigger By Eric B. Krauss In Accident Fund Ins. Co. v. Casey, the Missouri Supreme Court affirmed the Missouri Labor and Industrial Relations Commission’s determination that Respondent, the employer’s workers compensation insurer, was liable for Appellant’s claim for enhanced mesothelioma benefits. [Continue Reading] |
“Take-Home More than Seashells”: Rhode Island Court Rules that Employer Owes Duty of Care to Protect Third-Party Non-Employees By Ketajh Brown The State of Rhode Island and Providence Plantations—contemporarily nicknamed “the Ocean State” is known for famous clear-broth Quahog clam chowder, The Breakers Mansion, the International Tennis Hall of Fame, and its Napatree Point Conservation Area beaches covered in seashells. While tourists often take home Napatree’s brilliant and pristine shells, a recent Superior Court opinion of first impression addressed whether Rhode Island law imposes duty of care upon employers to protect third-party non-employees from take-home asbestos exposure. [Continue Reading] |
Toxic Tort Monitor Archive |
May 2018
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Technology, Manufacturing & Transportation Toxic Tort Litigation Practice 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] |