On March 2, 2022, a Wisconsin federal judge dismissed Burton v. Am. Cyanamid Co., No. 07-C-0303, 2022 WL 623895 (E.D. Wis. Mar. 2, 2022), a lingering fifteen-year personal injury litigation against lead-based paint manufacturers The Sherwin-Williams Co., E.I. DuPont de Nemours & Co., and Armstrong Containers Inc. In granting the manufacturers’ summary judgment motions, District Judge Lynn Adelman relied upon the procedural issues that arose throughout the lawsuit and the 2021 reversal of a $6 million award in the United States Court of Appeals for the Seventh Circuit.
Continue Reading Federal Court Tosses Fifteen-Year-Old Lead Paint Personal Injury Lawsuit

On March 28, 2022, the Supreme Court of Delaware settled a 15-year battle between asbestos plaintiffs and defendants by affirming the burden-shifting framework provided in a 2006 Superior Court decision. This decision affirms once and for all that where a company manufactured
Continue Reading The Impact of Droz on Evidentiary Standards in Delaware

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
Continue Reading Submarine Manufacturer Successfully Dives into Federal Waters with Effective Removal of Asbestos Case in the First Circuit

We previously blogged on the Pennsylvania Supreme Court’s decision in Mallory v. Norfolk S. R.R. Co., Civ. A. No. 3 EAP 2021, Slip. Op. J-49-2021 (Pa. Dec. 22, 2021),  which put an end to general jurisdiction based solely on registration to do business in the Commonwealth.  Since the issuance of this landscape-shifting decision, courts in the Commonwealth have seen a flurry of ”Mallory motions” coming in all shapes and sizes. So far, plaintiff’s response has been uniform – Mallorys holding is limited and does not apply to defendants whose dealings are entirely “interstate” and who have no “footprint” in the Commonwealth. This attempt to minimize the impact of Mallory was recently rejected by the Philadelphia Court of Common Pleas in Emery v. U.S. Steel Corp. giving a glimpse of hope to foreign defendants haled to court in Pennsylvania.

Continue Reading Mallory enforced by Philadelphia Court – There Is No General Jurisdiction Based on Registration to Do Business

The American Tort Reform Foundation (ATR) published its 2021-2022 Judicial Hellholes Executive Summary. The report highlights the most prominent jurisdictions across the United States known for allowing innovate lawsuits, welcoming litigation tourism, and expanding civil liability.

The 2021-2022 Judicial Hellholes

The ATR’s top judicial hellholes are:

(1) California. “The Golden State” is back in the No. 1 Judicial Hellhole spot due to appellate courts holding e-commerce companies strictly liable for products sold on their sites, “baseless” Prop-65 lawsuits, “frivolous” Private Attorney General Act (PAGA) and American with Disabilities Act (ADA) claims, and the AG promoting an “expansive view” of public nuisance law.

(2) New York. “The Empire State” is right behind California for having one of the worst legal climates in the nation. The ATR notes this is due to New York’s unmatched number of “no-injury” class actions, ADA lawsuits, and immense asbestos litigation docket.
Continue Reading Things Are Heating Up: The Top “Judicial Hellholes” For 2021-2022

On December 22, 2021, the Supreme Court of Pennsylvania issued a decision in Mallory v. Norfolk S. R.R. Co., Civ. A. No. 3 EAP 2021, Slip. Op. J-49-2021, at 33, 44 (Pa. Dec. 22, 2021) that is sure to become the pillar of jurisdictional challenges going forward. The Court unanimously held that general jurisdiction does not exist solely on the basis of a company’s registration to do business in Pennsylvania.
Continue Reading Pennsylvania Supreme Court Puts An End to Consent By Registration Theory of General Personal Jurisdiction

On October 18, 2021, the U.S. Environmental Protection Agency (“EPA”) issued its highly anticipated PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024, setting forth a three-year multi-agency strategy to address per- and polyfluoroalkyl substances (“PFAS”). The plan outlines actions that will fundamentally alter the administrative landscape around PFAS.

Continue Reading The EPA’s PFAS Strategic Roadmap Indicates Considerable New Regulations are Imminent.

Pump manufacturer Nash Engineering Company appears to have recently become the latest casualty of asbestos litigation. On October 19, 2021, Nash Engineering filed for Chapter 7 bankruptcy in the United States Bankruptcy Court for the District of Connecticut. If Nash Engineering’s petition for relief is approved, this will spell the end of the 100-year-old corporation. Nash Engineering now joins a list of more than 60 other companies that have been forced to declare bankruptcy due to the burden of their asbestos-related liabilities.
Continue Reading Is Nash Engineering the Latest Company Bankrupted by Asbestos Litigation?

In the most recent round of the long-running litigation over hearing protection supplied by manufacturing giant 3M and used by U.S. Military personnel from 2002 until 2015, Plaintiffs have obtained large verdicts in 3 out of 4 bellwether cases against 3M.

Continue Reading Bellwether Military Earplug Verdicts Underscore Importance of Establishing the Government-Contractor Defense

On October 1, 2021, California Governor Gavin Newsom signed California Senate Bill No. 447 into law, which permits a deceased individual’s personal representatives or successors-in-interest to recover damages for the decedent’s pain, suffering, or disfigurement in a lawsuit. Prior to this law, those suing on behalf of a deceased individual were limited solely to damages for the decedent’s injuries and punitive damages, if warranted. They could not previously recover for the decedent’s pain and suffering.
Continue Reading California Permits Pain and Suffering Damages for Survival Actions