On March 28, 2022, the Supreme Court of Delaware settled a 15-year battle between asbestos plaintiffs and defendants by affirming the burden-shifting framework provided in a 2006 Superior Court decision. This decision affirms once and for all that where a company manufactured
Continue Reading The Impact of Droz on Evidentiary Standards in Delaware
Delaware
Toxic Tort Monitor: Affidavits of Deceased Plaintiff Admitted Under Residual Exception to Hearsay
In July, a Delaware Superior Court judge ordered affidavits of a deceased plaintiff admitted under the residual exception to hearsay, finding that the affidavits were sufficiently trustworthy for purposes of admissibility under D.R.E. 807.
Continue Reading Toxic Tort Monitor: Affidavits of Deceased Plaintiff Admitted Under Residual Exception to Hearsay
Toxic Tort Monitor – July 25, 2018
July 25, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden |
New Developments |
Delaware Supreme Court holds that Both Manufacturers and Employers can be Liable for Take-Home Exposure By Jackson Otto In Ramsey v. Georgia Southern University Advanced Development Center, et al., C.A. No. N14C-01-287 ASB, Delaware’s Supreme Court reversed the decision of |
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Toxic Tort Monitor – February 12, 2018
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. |
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Toxic Tort Monitor – May 2, 2016
May 2, 2016 |
New Developments |
Northern District of Illinois Decision on Take-Home Exposure Liability has Limited Application By Lindsay McClure-Hartman The Northern District of Illinois in Neumann v. Borg-Warner Morse Tec LLC, No. 15-C-10507, 2016 WL 930662 (N.D. Ill. March 10, 2016), recently granted a motion to dismiss on the basis that a product manufacturer |
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