take-home exposure

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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.…

Continue Reading Louisiana Appellate Court Affirms $10.35M Verdict Based on Take-Home Asbestos Exposure

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.
Continue Reading Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs

colorado

Recently, the U.S. District Court for the District of Colorado recognized a defendant’s potential liability based on take-home exposure. In Mestas v. Air & Liquid Systems Corporation et. al., No. 18-cv-01006, Plaintiff alleged direct exposure and take-home exposure. Plaintiff alleged that his father was exposed to asbestos-containing products while working as a plumber and pipefitter, and that his father then carried asbestos home on his clothing which in turn, exposed Plaintiff to asbestos. Defendants filed a motion to dismiss, arguing that they owed no duty to Plaintiff based on take-home exposure. …
Continue Reading Toxic Tort Monitor: District Court of Colorado Recognizes “Take-Home” Exposure Claim

Toxic Tort Monitor

February 20, 2019 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
Missouri’s Game-Changing Opinion on Venue in Multi-Plaintiff Tort Litigation
By Dominique Savinelli and Tim Larkin

On February 13, 2019, the Supreme Court of Missouri dealt a significant blow against improper forum shopping by plaintiffs in mass tort litigation. The Johnson &

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Toxic Tort Monitor

November 12, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
Federal Court in Washington Holds Risks of Take-Home Asbestos Exposure Were Not Foreseeable Prior to 1955
By Paul Cranley

In a recent decision of the U.S. District Court for the Western District of Washington, the court held that the dangers of

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Toxic Tort Monitor

June 18, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
New Tool for Non-Resident Defendants Seeking to Challenge Personal Jurisdiction in Illinois
By Dominque Savinelli

If you are a non-resident corporate defendant in Cook County, Illinois, you should become familiar with Campbell v. Acme Insulations, Inc., as it will undoubtedly

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Toxic Tort Monitor

August 3, 2016
New Developments
Northern District of Illinois Denies Plaintiff’s Motion for Reconsideration in Take-Home Exposure Case
By Jen Dlugosz

In May 2016, we reported the Northern District of Illinois’ decision in Neumann v. Borg-Warner Morse Tec LLC, No. 15-C-10507, 2016 WL 930662 (N.D. Ill. March 10, 2016). Following that ruling, plaintiff moved

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