asbestos

On March 18th, 2024, the U.S. Environmental Protection Agency’s ban of Chrysotile asbestos became the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act (TSCA). Chrysotile is currently the only known form of asbestos being imported or used in manufacturing in the United States. Since the ban, there have been numerous appeals filed, all of which have since been consolidated and are pending in the Fifth Circuit Court of Appeals. Most recently, the EPA requested that the Fifth Circuit stay the litigation so that it may conduct a regulatory review mandated by a recently issued executive order. The stay was granted on February 14, 2025, and will pause the litigation for 120 days, allowing the EPA to review the ban in light of broader policy considerations.

On December 21, 2024, Governor Kathy Hochul of New York vetoed, for a third time, the Grieving Families Act (“Act”), a significant bipartisan legislative proposal in New York aimed at reforming the state’s wrongful death statute, which has remained largely unchanged since 1847. The Act’s provisions, including expanding recoverable damages, extending the statute of limitations, and broadening the definition of beneficiaries, have significant implications on civil law in New York, including asbestos litigation.

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.

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.

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.

The Third Circuit recently affirmed entry of summary judgment in favor of General Electric (“GE”) on grounds of derivative sovereign immunity. The Third Circuit found that GE was entitled to derivative sovereign immunity under current established doctrine in Yearsley and Boyle because all of GE’s work and equipment at issue was performed and/or designed pursuant…

FDA

In April, the U.S. Food and Drug Administration (FDA) released the results of its 2023 sampling assignment, testing for asbestos in talc-containing products. The results confirmed the absence of asbestos in all 50 samples tested, marking the third consecutive year of asbestos-free talc products in the United States. While this news is reassuring for industry participants, the legal landscape remains complex due to ongoing litigation. This article explores the legal implications, potential risks, and regulatory changes related to asbestos detection in cosmetic talc products.

FDA3
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.
FDA3
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.
MN outline

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.