On March 28, 2018, the Court of Appeals of Maryland, Maryland’s highest court, was asked to: (1) determine whether the state’s statute of repose was ambiguous as to when an injury and cause of action “arise” within the scope of the statute and, (2) discuss the applicability of the discovery rule in relation to the manifestation of a latent disease. The Court found that, in a case involving a steamfitter’s alleged asbestos exposure, the plaintiff’s claims were not barred as the date of his last exposure to asbestos containing products determined whether the statute of repose applied. [Continue Reading]

A Pennsylvania District Court recently denied a defendant’s motion for summary judgment of the issue of duty, finding that that an employer’s take home duty may in certain situations extend to the girlfriend of a former employee. Plaintiff Brenda Schwartz and her husband, Paul Schwartz (“Plaintiffs”), brought a negligence action against Defendant Accuratus Corporation (“Defendant”), alleging that Mrs. Schwartz had contracted chronic beryllium disease (“CBD”) from exposure to beryllium brought home on Mr. Schwartz’s clothes while he was an employee of Defendant. Mrs. Schwartz also claims exposure to beryllium from Mr. Schwartz’s roommate, Gregory Altemose, who was also an employee of Defendant. [Continue Reading]

In recent years federal courts have clarified and narrowed the scope of personal jurisdiction as it applies to nonresident defendants, particularly in mass tort and toxic exposure cases. However, a recent decision coming out of Washington appears to buck this trend. In Donald Varney and Maria Varney v. Air & Liquid Systems Corporation, et al., the United States District Court for the Western District of Washington had an opportunity to decide motions brought by Defendants Taco, Inc. and Aurora Pump Company to dismiss for failure to state a claim, for lack of standing, to strike Plaintiffs’ request for pre-judgment interest, and most notably for lack of personal jurisdiction. The Court denied each of the Defendants’ motions. [Continue Reading]

• Cook County Circuit Court Denies Personal Jurisdiction Motion in Asbestos Case
• “Sue-me State” or “Show-me State”: The Latest Push for Asbestos Exposure Tort Reform in Missouri
• Another Take on “Take-Home” Exposure in California: Foglia v. Moore Dry Dock Co.

Read the full Toxic Tort Monitor Archive

Companies face increasingly well‐coordinated attacks in jurisdictions across the country. These assaults are becoming more complex and costly as plaintiffs’ counsel pursue novel theories and claims to keep asbestos litigation thriving. Husch Blackwell’s team has experience in numerous jurisdictions throughout 37 states. Our attorneys can help you navigate the intricate web of plaintiffs’ firms, changing laws, evolving science and anti-defendant courts. [More information]