On Monday, June 18, the President released a statement indicating that he had directed the U.S. Trade Representative to identify another $200 billion worth of Chinese goods for additional tariffs at a rate of 10%. Continue Reading President Trump Threatens Tariffs on another $200 Billion Worth of Chinese Goods

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

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 showing Asia

On Friday, June 15, 2018, President Trump announced that the US would be imposing a 25% tariff on Chinese technology imports. The tariffs were originally proposed on March 22, 2018 as a result of a Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. See our original post here.

Tariffs will be imposed on certain products starting on July 6, 2018.  Those products are listed here and consist of a subset of the products proposed on March 22.  Continue Reading President Trump Announces Tariffs on Chinese Technology Imports

As a result of the Steel and Aluminum tariffs announced by President Trump in March 2018, and amended with proclamations issued on May 1, 2018, and June 1, 2018, several trading partners have decided that reciprocal and retaliatory tariffs on U.S. products are appropriate.  To date, the following countries have decided to retaliate – Canada, China, the European Union, India, and Mexico. See the comprehensive list of retaliatory tariffs here.

Continue Reading Comprehensive List of Retaliatory Tariffs

Nowadays, the only thing that remains certain in the industry of domestic and global trade is the unpredictability of influential decisions made by the U.S. government and how those decisions will impact trading laws and regulations.

There has been much to say regarding Section 232 and related tariff concerns. On Husch Blackwell’s TMT Industry Insider you can find several blog posts we’ve published regarding these hot-button topics.

Additionally, Husch Blackwell is pleased to offer complimentary passes to the first 30 registrants for a very timely upcoming webinar: Trump’s Steel and Aluminum Tariffs: The Good, The Bad and The Ugly.

The webinar will focus on Trump’s steel and aluminum tariffs and provide insight on what lies ahead. It will be hosted on The Knowledge Group and will take place on Tuesday, June 26, 2018 at 12:00 p.m.-1:00 p.m. (ET) The webinar is led by Husch Blackwell Partner, Nithya Nagarajan and John Peterson, Partner at Neville Peterson LLP.

Register here.

 

Globe showing Asia

On June 7, 2018, Commerce Secretary Wilbur Ross announced that Chinese Telecommunications companies, Zhongxing Telecommunications Equipment Corporation of Shenzen, China and ZTE Kangxun Telecommunications Ltd. of Hi-New Shenzhen, China (collectively “ZTE”) have agreed to pay $1 billion and place an additional $400 million in suspended penalty money in escrow in order to be removed from the Denied Persons List.  This penalty payment is in addition to the over $850 million in penalties that ZTE already previously paid to multiple U.S. government agencies in March of 2017 when it first entered into a settlement agreement arising out of its illegal re-exportation of controlled U.S. origin telecommunications equipment to Iran and other prohibited destinations. Continue Reading Commerce Strikes Deal with Chinese Telecom Company ZTE with Largest Fine and Strictest BIS Compliance Measures to Date

Commerce Secretary Wilbur Ross announced on Thursday, May 31st that a 25 percent tariff on steel and a 10 percent tariff on aluminum will go into effect at midnight on May 31 on imports from Canada, Mexico, and the European Union. Those countries had previously been granted temporary exemptions from the initial tariffs announced in March as a result of investigations under Section 232 of the Trade Expansion Act of 1962. According to Secretary Ross, while discussions with the European Union were ongoing, the progress did not warrant another temporary exemption. Additionally, this announcement comes in the middle of the North American Free Trade Agreement (“NAFTA”) re-negotiations with Canada and Mexico. Ross stated that those talks have taken longer than expected and there is no precise end date in sight. Continue Reading Tariffs to Be Imposed on Imported Steel and Aluminum from the EU, Canada, and Mexico

droneThe U. S. Department of Transportation (“USDOT”) announced a diverse set of winners for the 10 openings in USDOT’s Unmanned Aircraft Systems (“UAS”) Integration Pilot Program (“IPP”). As advertised, the program’s selectees consist of state, local and tribal governments (“Selectees”) that will partner with private sector entities to accelerate UAS integration into the national airspace system. Continue Reading USDOT Selects Ten Drone Integration Sites

Container ShipOn May 22, 2018, Worthington Industries and Manchester Tank & Equipment Co. filed a petition for the imposition of antidumping and countervailing duties on imports of Steel Propane Cylinders from the People’s Republic of China, Taiwan, and Thailand. Commerce initiated the case on June 12, 2018. See the factsheet here. Continue Reading Petition Summary: Steel Propane Cylinders From China, Taiwan, and Thailand

courtThis week, the Federal Circuit resolved three issues left in TC Heartland’s wake. TC Heartland held that 28 U.S.C. § 1400(b) uniquely governs venue in patent cases and is not coterminous with the scope of § 1391. The first prong of § 1400(b) creates venue in the judicial district where the defendant resides, which the Supreme Court held to be the state of incorporation for a domestic corporation. But, this begs the question: what about when the state has multiple judicial districts? Also, whose law governs burden under § 1400(b), and where does that burden lie? In the year after TC Heartland, district courts across the country split on these issues. Continue Reading Updates in the Federal Circuit Following TC Heartland