The Estate of Nicholas Barone trial in Bridgeport Superior Court in Connecticut before Judge William Clark concluded with a $15 million plaintiff’s verdict on 5/16/2024. The jury also awarded punitive damages, the exact amount to be determined by the trial judge at a later date. Upon oral argument and review of the parties’ briefs Judge Clark awarded plaintiffs $7,500,000 in punitive damages noting that Vanderbilt Minerals was a sophisticated defendant in position to know of the dangers associated with the mining operation and would not be financially ruined by such an award.
Asbestos
Talc-Related Matter Filings Predictably Increase, As New Bankruptcies Are Filed
Observers of filing trends in personal injury mesothelioma matters alleging exposure to talc contaminated with asbestos have noted that the bankruptcy filing of a predominant defendant in those matters did little to slow the pace of such filings. Instead, as the filing of new matters continued, the number of defendants named in such filings substantially increased.
MoCRA: Talc Testing and Sample Preparation Requirements
As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article, in a continuing series of posts diving into each aspect of MoCRA, covers the talc testing and sample preparation requirements which will be established by the FDA under MoCRA.
MoCRA: Updates to FDA Safety Substantiation Requirements
As discussed in the Product Perspective, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) represents a major shift in cosmetic industry regulations. This article, in our continuing series of posts diving into each aspect of MoCRA, covers the process for substantiating safety of cosmetic products.
Minnesota Repudiates Decades of Precedent for Survival and Wrongful Death Actions.
On May 20, 2023, the Minnesota legislature amended Minnesota’s Survival of Claims and Wrongful Death statutes. The amendments extend a potential-defendant’s liability by: (1) allowing trustee-plaintiffs to maintain claims on behalf of a deceased party, that historically could not be brought after death; and (2) allowing trustee-plaintiffs to potentially recover for all damages allegedly suffered by the decedent, not just economic harms stemming from and related to the death of the deceased party.
Middle District of Pennsylvania Sets out a Road Map for Defendants to Assert the Government Contractor Defense in Asbestos Cases
The Middle District of Pennsylvania’s opinion in Gorton v. Warren Pumps, LLC supported the government contractor defense and set forth a road map for defendants to follow to win summary judgment. The court, relying on the Supreme Court case, Boyle v. United Technologies Corporation, and applying admiralty law, held the government contractor defense was applicable to Plaintiff’s claims for product liability, breach of implied warranty, and negligence. In Groton, Defendant Warren Pumps moved for summary judgment asserting the government contractor defense. The court, after analyzing the record and standards for the defense, granted summary judgment in Warren Pumps’ favor.