Legislative & Judicial Updates

September 2, 2016
New Developments
Toward a Defense of Mesothelioma Cases on Causation: Low Doses and Genetics
By Mark Zellmer

Today’s defendants in asbestos litigation often face plaintiffs’ claims that they have contracted mesothelioma from exposure to low or even doubtful doses of asbestos. If the mesothelioma looks to be spontaneous (idiopathic) or the result

As we informed you on June 22, 2016, the Department of Labor (DOL) “persuader rule” was to go into effect on July 1, 2016.  However, on June 27, the U.S. District Court for the Northern District of Texas granted a nationwide preliminary injunction on the rule.  The so-called persuader rule required employers and law firms to file a Form LM-20 detailing expenditures on common legal services, such as supervisor training, drafting union avoidance materials, and providing other labor advice.

June 7, 2016
New Developments
Driverless Cars and the Law
By Mark Pratzel

As driverless car technology evolves, questions continue to arise regarding its legal repercussions. Google, one of the leading forces behind autonomous cars, predicts that they will be available to the public by 2020.  Nissan and Tesla are also developing self-driven car technology.  And

On April 20, 2016, the U.S. Senate passed the Energy Policy Modernization Act of 2016 (the Act) by a vote of 85-12. If signed into law, the bipartisan bill would impact manufacturing operations across industries by promoting energy efficiency; encouraging renewable energy development; facilitating improvements in infrastructure, including grid storage; removing certain hurdles to the development and export of oil and gas, critical minerals, and other resources; and making other changes intended to keep pace with the nation’s rapidly changing energy industry.

May 2, 2016
New Developments
Northern District of Illinois Decision on Take-Home Exposure Liability has Limited Application
By Lindsay McClure-Hartman

The Northern District of Illinois in Neumann v. Borg-Warner Morse Tec LLC, No. 15-C-10507, 2016 WL 930662 (N.D. Ill. March 10, 2016), recently granted a motion to dismiss on the basis that a product manufacturer

On April 11, 2016, Missouri Governor Jay Nixon signed an Executive Order that immediately implemented a “Ban the Box” policy for Missouri state agencies, departments, boards, and commissions. Under this Order, state employers must amend their initial employment applications to remove questions relating to an individual’s criminal history unless a criminal history would render an applicant ineligible for the position. State employers may still request information about an applicant’s criminal past and may still conduct a criminal background check as a condition of employment, but the Order requires that state agencies wait until later in the application process to procure that information. The Order does not specify exactly when in the application process employers may make these criminal history inquiries.

April 1, 2016
New Developments
Second Circuit Upholds Dismissal of Asbestos Defendant for Lack of Personal Jurisdiction
By David Dean

In February 2016, the United States Court of Appeals for the Second Circuit upheld dismissal of an out-of-state corporate defendant for lack of personal jurisdiction in an asbestos case, Brown v. Lockheed Martin Corp., No. 14-4083