Toxic Tort Monitor

November 12, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
Federal Court in Washington Holds Risks of Take-Home Asbestos Exposure Were Not Foreseeable Prior to 1955
By Paul Cranley

In a recent decision of the U.S. District Court for the Western District of Washington, the court held that the dangers of secondary asbestos exposure were not foreseeable in and before 1955. In particular, the Court held that the evidence presented by the plaintiffs in favor or their “take-home exposure” theory was insufficient to allow a jury to find that prior to 1955, defendant Union Pacific “knew or should have known of the risk that secondary asbestos exposure posed to its employees’ family members.” [Continue Reading]

Cook County Jury Awards $6M in Plaintiff’s Verdict
By Jen Dlugosz

In October, a Cook County jury awarded a $6 million dollars to the family of a deceased pipefitter in a mesothelioma trial. John Crane, Inc. was the only remaining defendant at trial. Plaintiff alleged that the decedent, a union pipefitter, worked with and around John Crane products. John Crane argued at trial that the decedent did not testify that any of the defendant’s gaskets or packings contained asbestos. [Continue Reading]

Department of Justice Acts to Fight Asbestos Trust Fraud

On September 13, 2018, the Department of Justice (DOJ) filed its first ever Statement of Interest in the bankruptcy of an asbestos company, signaling that DOJ intends to prioritize fraud and mismanagement relating to asbestos trusts. The Statement, filed in the U.S. Bankruptcy Court for the Western District of North Carolina in the Chapter 11 proceedings for Kaiser Gypsum Company, asserts that the proposed trust plans lack adequate safeguards and indicates that DOJ will object unless the final plan better ensures transparency and prevents fraud. [Continue Reading]

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August/September 2018

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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]