
MoCRA: Facility Registration and Product Listing – Where to Begin?

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).
On March 16, 2023, the New York City Asbestos Litigation (NYCAL) Court denied Defendant Kaiser Gypsum’s post-trial motions following a $15M plaintiffs’ verdict in the matter of Munir Seen, New York Supreme Court, New York County, Index No. 190225/2018. Kaiser Gypsum moved for: 1) a judgment notwithstanding the verdict; 2) an order for a new trial; or, alternatively, 3) a remittitur of what Kaiser Gypsum called a clearly excessive verdict. All were denied.
On March 9, 2023, a federal judge granted summary judgment on causation to three manufacturers of asbestos-containing products in a maritime lawsuit arising from the death of Thomas Deem from mesothelioma. The judge held that Ms. Deem had failed to put on evidence sufficient to show that Decedent’s exposure to the products manufactured by three defendants—John Crane, Inc. (“JCI”), Crosby Valves, LLC, and the William Powell Company—was a substantial contributing factor to his developing mesothelioma. See Sherri L. Deem v. Air & Liquid Systems Corp., et al., No. 17-5965BHS (W.D. Wash. Mar. 9, 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).
On January 5, 2023, a Louisiana appellate court issued a divided opinion that addressed the nature of take-home asbestos claims. Pete v. Bolan Marine & Manufacturing Co., LLC, 2021-0626 (La. App. 4 Cir. 1/5/23), 2023 La. App. LEXIS 2* (La. Ct. App. Jan. 5, 2023). Despite an order limiting Plaintiff’s ability to rely on take-home exposure in proving his claims, a Louisiana appellate court affirmed a jury award of $10.35M in finding that Plaintiff’s take-home exposure was a substantial contributing factor in the development of his mesothelioma.
We are pleased to announce that Husch Blackwell has published its inaugural “Legal Insights for Manufacturing” report, which provides a look ahead to 2023 and explores the key trends and issues that will shape the coming year for the manufacturing industry.
The American Tort Reform Foundation (ATR) released its 2022-2023 Judicial Hellhole report. In this report, the ATR ranks the eight most dangerous jurisdictions for corporate defendants and their defense attorneys. This year the hellhole ranks had a significant shake up.