Legislative & Judicial Updates

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 serve as a useful blueprint for future challenges to the exercise of personal jurisdiction in that state. [Continue Reading]

United States Supreme Court to Consider the Bare Metal Defense
By Andrew Hahn

The United States Supreme Court granted a petition for certiorari in Air and Liquid Systems Corp. et al. v. Devries et al. and is set to wade into the fiercely contested waters surrounding the bare metal defense under maritime law. Generally, the bare metal defense asserts that defendants that manufactured products composed of only metal, and no asbestos components, have no liability regarding asbestos-containing components later utilized in or on their products. The Court will directly address the question: “Can products-liability defendants be held liable under maritime law for injuries caused by products that they did not make, sell, or distribute?” [Continue Reading]

Missouri Supreme Court Holds that the Workers Compensation Additional Mesothelioma Benefit Provides Claims-Made Coverage Trigger
By Eric B. Krauss

In Accident Fund Ins. Co. v. Casey, the Missouri Supreme Court affirmed the Missouri Labor and Industrial Relations Commission’s determination that Respondent, the employer’s workers compensation insurer, was liable for Appellant’s claim for enhanced mesothelioma benefits. [Continue Reading]

“Take-Home More than Seashells”: Rhode Island Court Rules that Employer Owes Duty of Care to Protect Third-Party Non-Employees
By Ketajh Brown

The State of Rhode Island and Providence Plantations—contemporarily nicknamed “the Ocean State” is known for famous clear-broth Quahog clam chowder, The Breakers Mansion, the International Tennis Hall of Fame, and its Napatree Point Conservation Area beaches covered in seashells.  While tourists often take home Napatree’s brilliant and pristine shells, a recent Superior Court opinion of first impression addressed whether Rhode Island law imposes duty of care upon employers to protect third-party non-employees from take-home asbestos exposure. [Continue Reading]

Toxic Tort Monitor Archive
May 2018

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Technology, Manufacturing & Transportation
Toxic Tort Litigation Practice

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]

Toxic Tort Monitor

 

May 15, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden
New Developments
Order of Operations: Maryland’s Highest Court Analysis of the Statute of Repose and Discovery Rule’s Applicability to Asbestos Cases
By Soham Desai

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]

Pennsylvania Court Finds That an Employer’s Take-Home Duty Can Extend to Girlfriends of Former Employees
By Sarah Rashid

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]

District Court in Washington Reverses Course on Personal Jurisdiction?
By Jackson Otto

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]

Toxic Tort Monitor Archive
April 2018

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Technology, Manufacturing & Transportation
Toxic Tort Litigation Practice

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]

Toxic Tort Monitor

 

April 16, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden
New Developments
Cook County Circuit Court Denies Personal Jurisdiction Motion in Asbestos Case
By Anne McLeod

The Circuit court in Cook County, Illinois has recently clarified one of the limitations on which it applies personal jurisdiction and venue protections to Defendants in asbestos cases. In John C. Clark v. A.W. Chesterton Company, et al., the Court performed personal jurisdictional analyses of general and specific jurisdiction, and also analyzed Defendant’s Motion to Dismiss for forum non conveniens. While the Defendant in this case won the argument on general jurisdiction, it lost the arguments on specific jurisdiction and forum non conveniens. The court reasoned that Plaintiff’s “take-home” exposure to asbestos brought both the Defendant’s actions and the alleged resulting injury into Illinois. [Continue Reading]

“Sue-me State” or “Show-me State”: The Latest Push for Asbestos Exposure Tort Reform in Missouri
By Ketajh Brown
 and Jen Dlugosz

The stage is set for a heated showdown between GOP leaders and bipartisan critics over implementation of HB 1645. If adopted by the Senate, the bill would alter several provisions related to a plaintiff’s ability to bring asbestos tort claims. The main contention sparked by HB 1645 requires plaintiff-side attorneys to identify and file claims against all potentially liable defendants or bankruptcy trusts at the onset of lawsuits alleging injury from asbestos exposure. The idea behind this segment of the bill is twofold: (1) to embed built-in transparency preconditions allowing asbestos claim resolution with minimal delay; and (2) thwart the practice of “double-dipping” by granting injured plaintiffs compensation from one defendant at a time—before pursuing claims against additional defendants. [Continue Reading]

Another Take on “Take-Home” Exposure in California: Foglia v. Moore Dry Dock Co.
By Theresa Mullineaux

A California appellate court recently upheld the trial court’s granting of summary judgment in a secondary exposure asbestos case where Plaintiffs could offer no admissible evidence that decedent’s father worked around asbestos-containing materials. The trial court excluded plaintiff’s testimony regarding his father’s work because he acknowledged he had no personal knowledge and also sustained defendant’s objections to an affidavit of decedent’s aunt who likewise had no personal knowledge of decedent’s father’s work. [Continue Reading]

Toxic Tort Monitor Archive
March 2018

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Technology, Manufacturing & Transportation
Toxic Tort Litigation Practice

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]

Toxic Tort Monitor

 

March 14, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden
New Developments
Precluding a Second Bite at the Apple; Federal District Court Grants Summary Judgment on Basis of Doctrine of Collateral Estoppel
By Tierra Jones

In the interest of justice and courtroom efficiency, res judicata aims to prevent parties from re-litigating previously legally resolved issues and claims involving the same or similar parties. Two doctrines – claim preclusion and issue preclusion – are encompassed in res judicata. Issue preclusion, also known as the doctrine of collateral estoppel, is the narrower doctrine of the two. [Continue Reading]

Personal Jurisdiction and LLCs – Does Citizenship Matter?
By Jen Dlugosz

When deciding whether to remove a case when an LLC is a party it is necessary to look at the citizenship of the LLC’s members to determine whether there is diversity for subject matter jurisdiction. However, citizenship of LLC members is not a key component of personal jurisdiction. The tests for subject matter jurisdiction and personal jurisdiction, while sometimes muddled, are in fact distinct. Simply put, just because an LLC is a citizen in the jurisdiction, does not equate to personal jurisdiction over the LLC in that jurisdiction. [Continue Reading]

Eastern District of Missouri Denies Plaintiff’s Motion to Reconsider Personal Jurisdiction Ruling
By Natalie Holden

The United States District Court for the Eastern District of Missouri recently denied an asbestos plaintiff’s motion for reconsideration of the court’s previous grant of defendants’ motion to dismiss for lack of personal jurisdiction. [Continue Reading]

Toxic Tort Monitor Archive
February 2018

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Technology, Manufacturing & Transportation
Toxic Tort Litigation Practice

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]

patent law gavelOn February 23, 2018, in In re Silver, the Supreme Court of Texas conditionally granted mandamus relief and vacated the trial court’s order compelling production of emails between an inventor and his non-lawyer registered patent agent. In re Silver, Case No. 16-0682, 2018 WL 1022470 (Tex. February 23, 2018). The court held that a client’s communications with a patent agent, made to facilitate the agent’s provision of authorized legal services to the client, are privileged under Texas Rule of Evidence 503 (attorney-client privilege). The ruling marked the first time a state high court weighed in on the issue.

Continue Reading Texas High Court Rules That Patent Agent-Inventor Communications Are Covered By the Attorney-Client Privilege

Toxic Tort Monitor

February 12, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden
New Developments
Which Came First: Subject Matter or Personal Jurisdiction?
By Mary Kate Mullen

Two recent Eastern District of Missouri cases examined the same issue, yet the court reached opposite results. In Lewis v. Johnson & Johnson and Jinright v. Johnson & Johnson, the court considered whether subject matter jurisdiction or personal jurisdiction should be decided first. [Continue Reading]

Fifth Circuit Sets Bright Line Rule for Timing Requirement Under Federal Officer Removal Statute
By Tierra Jones

In January 2018, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit vacated a district court’s remand of an asbestos case to state court for being untimely, based on a federal officer removal statute, 28 U.S.C § 1442 (“Statute”). The Court of Appeals found that the Statute allows for removal of a case within 30 days after the date a defendant received the transcript of an oral deposition providing a basis for removal, as opposed to the date on which the relevant deposition testimony was taken. [Continue Reading]

An Analysis of the Pennsylvania Fair Share Act and its Application to Asbestos Litigation, in Light of the Recent Ruling in Roverano v. John Crane, Inc.
By Theresa Mullineaux

In December, the Pennsylvania Superior Court ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percent they are found liable. Prior to the enactment of the Fair Share Act, a defendant found liable could be on the hook for the entire verdict. [Continue Reading]

Upcoming Events
DRI – Toxic Torts and Environmental Law
March 1-2, 2018
Nashville, TN

Several of our toxic tort litigators are attending this DRI seminar; we hope to see you there!

Toxic Tort Monitor Archive
January 2018

Read the full Toxic Tort Monitor Archive

Connect with us: Blog | Twitter | LinkedIn | Instagram | YouTube
Technology, Manufacturing & Transportation
Toxic Tort Litigation Practice

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]

globe AsiaCAATSA Overview

Congress enacted the “Countering America’s Adversaries Through Sanctions Act” (CAATSA) on August 2, 2017 in response to Russia’s continuing occupation of the Crimea region of Ukraine and cyber-interference in the 2018 United States Presidential elections. We previously covered CAATSA in blog posts here and here. CAATSA was notable because it passed the House of Representatives with a 419-3 approval margin and passed the Senate with a 98-2 approval margin. Among other things, CAATSA required President Donald Trump to take certain actions on the 180-day anniversary of CAATSA’s adoption, which included (but were not limited to): (i) imposing sanctions (commonly referred to as the “CAATSA Section 231 sanctions”) against persons engaged in “significant transactions” with Russia’s defense or intelligence sectors; and (ii) preparing and submitting a report (commonly referred to as the “CAATSA Section 241 report”) to various congressional committees identifying senior political figures and oligarchs within Russia. January 29, 2018 marked CAATSA’s 180-day anniversary and, as a result, it sparked a flurry of activity related to the CAATSA Section 231 sanctions and the CAATSA Section 241 report. Continue Reading Russia Sanctions Developments Incite Controversy and Signal Possible Future Changes

North America MapThe government shutdown began on Saturday at 12:01am. Here is a list of several agencies involved in trade and transportation issues that will be affected.

International Trade Commission

The International Trade Commission will only have three to seven individuals working during the shutdown in order to protect life and property. The six Commissioners are presidential appointees and therefore are exempt from the furlough. Continue Reading Impact of Government Shutdown on Trade

Toxic Tort Monitor

January 17, 2018
New Developments
A Review of 2017 Personal Jurisdiction Decisions
By Taylor Concannon

In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in Goodyear and Daimler and reaffirmed its limits on personal jurisdiction for corporate defendants. [Continue Reading]

Summary of 2017 Talc Verdicts
By Natalie Holden

After several multi-million dollar verdicts in talc and ovarian cancer trials in 2016, 2017 proved to be a more interesting year, with some plaintiff verdicts and some defense verdicts. There are currently thousands of talc related claims pending across the United States. The defendants in this litigation maintain that the science does not support the claims that personal care powder products cause ovarian cancer. [Continue Reading]

Missouri Court of Appeals Reverses Defense Verdict Finding Trial Court’s Allowance of Four Defense Experts as Cumulative and an Abuse of Discretion
By Natalie Holden and Jen Dlugosz

In Shallow v. Follwell, the Missouri Court of Appeals for the Eastern District, Division Four, held that the trial court abused its discretion by permitting the “unfairly cumulative and prejudicial repetition of expert opinions from [defense] expert witnesses.” [Continue Reading]

Texas Court of Appeals Denies Rehearing in Goodyear Tire & Rubber Company v. Rogers
By Joe Ellis, Anne McLeod and Natalie Holden

In Goodyear Tire & Rubber Company v. Rogers, the Dallas Court of Appeals issued an important decision regarding the calculation of exemplary damages awarded under the Texas statute governing the exemplary damages cap to calculate a judgment amount in the case of an employer defendant found grossly negligent where the deceased employee claimed exposure to asbestos. [Continue Reading]

Connect with us: Blog | Twitter | LinkedIn
Technology, Manufacturing & Transportation
Toxic Tort Litigation Practice

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]

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patent law gavelOn January 10, 2018, the Federal Circuit added Finjan, Inc. v. Blue Coat Sys., Inc., No. 2016-2520 (Fed. Cir.), to its Enfish jurisprudence and upheld the subject matter eligibility of a software patent directed to virus-scanning downloadable app code for known and suspected malware. As construed, the invention claims novel behavioral-based analysis of source code to identify; detection of potentially dangerous files results in creation of a new file attached to the app code which is then evaluated by the destination computer to determine whether to allow the app to be downloaded. Continue Reading Federal Circuit “Blue Coat” Decision: Virus-Scanning Software Survives Alice Attack Applying “Enfish”