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.

The Tennessee Supreme Court’s opinion in Carolyn Coffman et al v. Armstrong International, Inc., et al., at least implicitly, recognized a “bare metal defense” for the first time under Tennessee law. The Court addressed the issue of whether, under Tennessee law, equipment defendants “had a duty to warn of the dangers associated with the post-sale integration of asbestos-containing materials manufactured and sold by others.” The Court held that, under the Tennessee Products Liability Act (TPLA), Tenn. Code Ann. §29-28-101 through 108, the equipment defendants did not have a duty to warn end users about the post-sale incorporation of asbestos containing products manufactured by third parties.

Working with startups recently inspired two Husch Blackwell attorneys to develop an innovation solution of their own. In 2018, Husch Blackwell hosted its first firmwide Legal Innovation Challenge. Approximately 20 teams submitted ideas and went through a rigorous selection process.

Associates Meghan Brennan and Jake Brown work with a variety of clients, including startups. When they came together for Husch Blackwell’s Legal Innovation Challenge, they found a mutual interest in streamlining the initial intake process for startup clients. Together they envisioned a diagnostic tool to assess the legal needs of growing companies. Clients can complete a quick 10-minute questionnaire that will help the attorney develop a road map for company growth and future legal needs.

The month of August, 2017 has seen three distinct developments that may significantly impact management of “Coal Combustion Residuals,” or “CCR,” which include bottom ash, fly ash, boiler slag, and flue gas desulfurization materials generated from burning coal at steam powered electricity plants. Although one of these developments may provide a degree of regulatory relief, the other two may preserve or even strengthen existing regulatory requirements.