The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The ruling highlights the importance of reliable expert testimony and strict adherence to procedural rules in toxic tort litigation.
On June 21, 2023, U.S. Senator Jon Ossoff introduced the Kids Online Safety and Privacy Act (the “Act”) (Senate Bill 2073), which is legislation focused on online experiences of minors. Recently passed by both the House and Senate, the Act soon awaits President Biden’s review. If signed into law, it will impose significant obligations on online gaming and media platforms, particularly those serving users under 17.
The Occupational Safety and Health Administration (OSHA) “walkaround” rule went into effect on May 31, 2024. The rule is controversial, to say the least, and even before its effective date, it was targeted by industry and trade groups, with perhaps the most high-profile of these efforts being a federal lawsuit in Texas filed by the U.S. Chamber of Commerce, the National Association of Manufacturers, and Associated Builders and Contractors, Inc., among other plaintiffs.
Recently, in Moore v. Elec. Boat Corp., No. 21-1566, 2022 WL 278535 (1st Cir. Jan. 31, 2022), a government contractor-defendant successfully appealed remand based on 28 U.S.C. § 1442, the so-called Federal Officer Removal Statute.
Moore serves as a reminder – especially to asbestos defendants – that contractors acting under the direction of a branch of the military (or any U.S. agency) should determine the extent of the government’s involvement. A fact-intensive inquiry, such evidence may be sufficient
In Murphy v. Viad Corporation, the United States District Court for the Eastern District of Michigan recently considered the issue of specific personal jurisdiction in the context of asbestos claims under the standard set forth by the Supreme Court of the United States in its recent decision in Ford Motor Co. v. Mont. Eighth Judicial Dist. Court. In doing so, the Court reinforced that specific jurisdiction cannot be established where the products at issue were never sold or marketed in that forum.
The statute of limitations on asbestos claims was recently reevaluated by the Minnesota Supreme Court. In Palmer v. Walker Jamal Company, the court reinforces that the clock begins when the plaintiff learns they have an asbestos-related disease, rather than when they identify a specific product as a potential cause.