Not everything stamped “privileged” is safe from prying eyes. The Pennsylvania Superior Court recently ruled that interview notes compiled by a sorority’s leadership after a tragic incident were not shielded by attorney-client privilege or the attorney work product doctrine. This decision serves as a cautionary tale for lawyers and their clients on how privilege works—and when it does not. See King v. Alpha Sigma Tau Sorority et al., 2025 PA Super 8, No. 55 MDA 2024 (Pa. Super 2025).

There have been recent growing concerns regarding the inhalation of crystalline silica dust in the California stone countertop industry, with attempts by the California State Legislature to enact regulations improving the occupational safety of workers fabricating stone slab products.1, 2 As this proposed legislation has developed, multiple studies have been conducted regarding safety measures that can be implemented for stone fabrication workers. Notably, some of those studies have revealed that effective methods to reduce occupational exposure to silica dust during fabrication exist and are feasible to implement by employers. While the research in the California stone countertop industry is still ongoing, the National Institute for Occupational Safety and Health (“NIOSH”) has found that combining engineering controls and safer work practices would help greatly reduce the risk of harmful exposure to respirable silica dust.3, 4 Employers following this combination suggested by NIOSH in 2024 should make it feasible to safely work with stone slab products in California.

On January 24, 2025, the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the “Act”).1 This decision confirms that Plaintiffs can indeed file civil claims after the 25-year statute of repose period for asbestos claims under Workers’ Compensation has expired. This decision will have a far-reaching impact throughout toxic tort litigation as it allows employees to pursue civil claims against their employers even if their Workers’ Compensation claim would otherwise be barred.

In Perkins v. United States, Plaintiff Tristan Perkins sued the United States under the Federal Tort Claims Act (“FTCA”) for her mother Geraldine Perkins’ (“Decedent”) alleged wrongful death due to asbestos exposure. Alleging “take home” asbestos exposure, Plaintiff claimed Decedent was exposed to asbestos through being around her husband and performing his laundry. Mr. Perkins worked as a machinist’s mate for the U.S. Navy at the Puget Sound Naval Shipyard from 1968 – 1974.

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.

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.

A jury in St. Louis, Missouri was recently asked to award over $6 billion in damages against baby formula manufacturers defendants in a lawsuit that alleged the defendants’ specialized infant formulas for premature babies caused the development of necrotizing enterocolitis (NEC), a potentially fatal condition. NEC is a severe gastrointestinal condition that primarily affects premature babies, leading to inflammation and bacterial invasion of the intestine, which can cause significant health issues and lead to death. After three hours of deliberations, the jury found the defendants not liable for Plaintiffs’ product defect, failure to warn and negligence claims.

Released yearly in December, the American Tort Reform (ATR) Foundation publishes its annual “Judicial Hellhole” rankings for the upcoming year. The Hellholes represent the worst of the worst jurisdictions to defend tort lawsuits in the United States. The 2024-2025 Judicial Hellhole rankings crown a new #1 Judicial Hellhole (thanks in large part to a 10-figure nuclear verdict that sealed the crown) and also welcome a new member (King County, Washington) to the ranks.