Florida’s Fourth District Court of Appeal recently held that to recover for loss of consortium under the Florida Wrongful Death Act, a surviving spouse must be married to the decedent at the time of injury—not the time of death. In so holding, the Fourth District, in Ripple v. CBS Corp., 337 So. 3d 45
An Alameda County Judge set a hearing on a motion for protective order in a pending asbestos case in which the plaintiffs sought to prevent the defendants of unapproved genetic testing. In the case of John C. Lohmann and Suzanne L. Lohmann vs. Aaon, Inc., et al., the plaintiffs filed suit in Alameda Superior Court against several defendants alleging that Mr. Lohmann developed mesothelioma as a result of his career working in the refrigeration maintenance field from 1970 to 2021 in California. The defense experts sought to use the plaintiff’s medical data for non-litigation purposes without the plaintiffs’ permission because they believed the information will advance science and no pathologist/associated scientist would ethically agree to limitations. As part of the case, defense counsel moved for discovery of Mr. Lohmann’s original pathology material and subpoenaed the providers. The court ordered production of those materials. The plaintiffs contend that production of pathology and genetic material in litigation does not permit outside, personal research and analysis. Multiple defendants, on the other hand, argue that evidence produced in litigation enters the public domain and is not protected by discovery law.
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
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
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 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.
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.
On September 27, 2021, after 18 days of trial and a mere hour of deliberations, a City of St. Louis, Missouri jury rendered a defense verdict in favor of Johnson & Johnson (“J&J”) on claims of three women diagnosed with ovarian cancer. Forrest v. Johnson & Johnson, et al., No. 1522-CC00419-02 (Mo. Cir. Ct., St. Louis Cty.). Notably, in 2018, a City of St. Louis jury returned a staggering $4.7 billion verdict in favor of 22 woman who claimed that J&J’s asbestos-contaminated talcum powder caused their ovarian cancer.
Utah’s Supreme Court recently issued an opinion which dramatically expands premise owners’ liability for asbestos-related injuries. On August 5, 2021, the Court reversed Utah’s Court of Appeals and held that a lawsuit could proceed against two premises owners on the theory that asbestos dust from their facilities was brought home on the clothing of a non-employee contractor, causing his spouse to develop mesothelioma. For the first time, premises owners or operators may be liable for injuries alleged by anyone living under the same roof as one of their former contractors.
On July 7, 2021, U.S. District Court Judge Eduardo C. Robreno, who oversees the asbestos multi district litigation (MDL 875) in the Eastern District of Pennsylvania, applied a new standard set forth by the U.S. Supreme Court in Air & Liquid Sys. Corp. v. DeVries, 139 S. Ct. 986 (2019) in granting summary judgment for two turbine defendants accused of causing the decedent’s asbestos-related disease. Defendants General Electric (GE) and CBS Corporation (CBS) allegedly incorporated asbestos-containing components on their products to which the decedent was later exposed.
Last year, we highlighted Iowa’s groundbreaking law to end over-naming of defendants in asbestos and silica litigation. Now, just a year later, three more states have followed suit: North Dakota, Tennessee, and West Virginia. All three states enacted their own versions of legislation aiming to reduce and prevent the over-naming of defendants in asbestos cases. While all three of the bills share similarities, North Dakota’s bill is the most expansive of the three.