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Brandon Black

Brandon focuses his practice on mass tort, product liability and commercial litigation. He has extensive experience in personal injury litigation related to petrochemicals, agricultural chemicals and construction materials. He has defended single plaintiff, multi-plaintiff and class action lawsuits in both state and federal court. With his experience, Brandon knows the importance of avoiding litigation and resolving cases quickly.

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A powerful diamond-edged saw blade precisely cuts through a large, rough-hewn granite stone slab, sending up a plume of fine dust and debris.

In July, a proposed bill named the Silicosis Prevention Act was withdrawn from consideration in California. This proposed bill would have substantially affected the manufactured stone industry by banning dry fabrication activities, imposing licensing requirements for employers and workers, and implementing a public database for violations and other state enforcement actions. Even though this version of the proposed bill was withdrawn, further legislative efforts targeting the manufactured stone industry are anticipated in the future.

FDA

In April, the U.S. Food and Drug Administration (FDA) released the results of its 2023 sampling assignment, testing for asbestos in talc-containing products. The results confirmed the absence of asbestos in all 50 samples tested, marking the third consecutive year of asbestos-free talc products in the United States. While this news is reassuring for industry participants, the legal landscape remains complex due to ongoing litigation. This article explores the legal implications, potential risks, and regulatory changes related to asbestos detection in cosmetic talc products.

Missouri State Law Legal System Concept

In reversing nearly $700,000 in post-judgment interest, the Missouri Court of Appeals for the Western District clarified that post-judgment interest can be recovered only after the trial court enters a final judgment. Notably, in wrongful death cases, a trial court’s failure to apportion damages among beneficiaries renders a judgment not final and precludes post-judgment interest.

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The Supreme Court of New Hampshire declined to recognize medical monitoring as a remedy or cause of action for plaintiffs who claim exposure to toxic substances. The court based its reasoning on New Hampshire common law and public policy, explaining that an increased risk of injury is insufficient to state a claim for medical monitoring as a remedy or cause of action. See Brown v. Saint-Gobain Performance Plastics Corp., No. 2022-0132, 2023 WL 2577257 (N.H. Mar. 21, 2023).

A breast cancer lawsuit based on trace levels of benzene in aerosol antiperspirant was dismissed with prejudice by a federal judge in Louisiana, because causation was not sufficiently pled. In particular, the plaintiffs failed to plead that (1) the plaintiff used a product that actually contained benzene and (2) benzene exposure can cause the plaintiff’s specific type of cancer. See Rooney v. Procter & Gamble Co., No. 22-11654, 2023 WL 1419870 (E.D. La. Jan. 31, 2023).

The first two remote asbestos jury trials showcase the unique challenges of trying cases remotely. Many Americans have become accustomed to working from home and the technology that comes with it. Most courts though are still hesitant to proceed with remote asbestos jury trials, which is likely for the best. If, however, remote asbestos jury trials become more prevalent, then courts and litigants must learn from the challenges presented in these early cases.