Toxic Tort Monitor

December 18, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
This will be our final Toxic Tort Monitor for 2018. Thank you for continuing to subscribe to these updates. We wish you all happy holidays. Have a joyful new year!
Cook County Jury Returns a Defense Verdict in Mesothelioma Trial
By Andrew Hahn

On December 14, 2018, a Cook County jury returned a verdict in favor of defendant Welco in a mesothelioma trial. Welco was the only remaining defendant at trial. Plaintiffs argued that decedent, a career member of the drywall trade, worked with Welco products for one month in 1965 in Chicago, Illinois. Plaintiffs further argued that Welco was negligent for its failure to warn its consumers of the dangers of asbestos in its joint compound. [Continue Reading]

Department of Justice Continues to Prioritize Asbestos Trust Fraud
By

Over the last few months, the Department of Justice (DOJ) has signaled that fighting fraud, waste, and abuse in asbestos trusts is a priority. Our previous article on this subject highlighted DOJ’s September 13, 2018 Statement of Interest filed in the bankruptcy case of Kaiser Gypsum Company, which asserted that the proposed trust plans lack adequate safeguards and indicated that DOJ would object unless the final plan better ensures transparency and prevents fraud. Since that filing, DOJ has continued to intervene in asbestos trust proceedings. [Continue Reading]

Toxic Tort Monitor Archive
October/November 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

September 26, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
Fifth District Finds Personal Jurisdiction Lacking Over Ford in Long-Awaited Jeffs Decision
By Andrew Hahn

The Fifth District Appellate Court issued its long-awaited decision in Jeffs v. Ford Motor Company recently finding that Ford Motor Company was not “at home” in Illinois and ordering the Madison County trial court to dismiss Plaintiff’s claims against Ford.. [Continue Reading]

Missouri’s Recent Take on the Cumulative Expert Standard
By Dominique Savinelli and Jennifer Cecil

Recently, the Missouri Supreme Court in Shallow v. Follwell affirmed its permissive view of cumulative standard for experts. Put simply, a Missouri court will not exclude multiple experts who opine on a key issue based on cumulativeness alone. [Continue Reading]

Third Circuit Holds That Buyer’s Remorse is Insufficient to Establish Economic Injury
By Natalie Holden

This month the Third Circuit issued a decision shedding light on an issue facing many courts today: does an individual have standing to sue on the grounds that she purchased a product that, in other contexts has been found to potentially cause cancer, when the plaintiff has not actually suffered any injury other than an alleged economic injury of purchase regret? [Continue Reading]

Toxic Tort Monitor Archive
July 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

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

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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

August 3, 2016
New Developments
Northern District of Illinois Denies Plaintiff’s Motion for Reconsideration in Take-Home Exposure Case
By Jen Dlugosz

In May 2016, we reported the Northern District of Illinois’ decision in Neumann v. Borg-Warner Morse Tec LLC, No. 15-C-10507, 2016 WL 930662 (N.D. Ill. March 10, 2016). Following that ruling, plaintiff moved for reconsideration of the court’s ruling under FRCP 54(b). This summer, the court issued its decision denying plaintiff’s motion for reconsideration and granting Rule 12(c) motions to dismiss brought by six other defendants on the basis of the court’s prior ruling. [Continue Reading]

Take-Home Toxic Tort Cases: New Jersey Supreme Court Explains Duty of Care
By Jenna Marie Stupar and Madison Mapes

On July 6, 2016, the New Jersey Supreme Court issued a unanimous opinion holding that, in certain cases, the duty of care in take-home exposure cases could be expanded to plaintiffs beyond spouses of employees working with toxins in Schwartz v. Accartus Corporation. The Court found that an employer’s scope of duty of care in such cases requires a fact specific analysis, including assessing the risk and foreseeability of injury.  The Court did not definitively decide whether the Schwartz plaintiff was owed a duty of care.  Instead, the Court provided that judges must weigh numerous factors including foreseeability, fairness, and predictability in making a duty of care determination. [Continue Reading]

Connect with us: Blog | Twitter | LinkedIn
Technology, Manufacturing & Transportation
Asbestos 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 Archive
July 2016

Toxic Tort Monitor

March 1, 2016
New Developments
Jury Awards $72 Million in Talc-related Cancer Case in St. Louis
By Jen Dlugosz

Last week, a St. Louis jury awarded $72 million to the family of a victim who alleged that her ovarian cancer was caused by personal use talcum powder. The plaintiff alleged that the decedent used Johnson & Johnson’s baby powder and Shower to Shower body powder for feminine hygiene for more than 35 years. [Continue Reading]

District Court in Wisconsin Rules State’s Statute of Repose Does Not Bar Asbestos Claims in Lawsuit
By Jenna Marie Stupar

The Eastern District of Wisconsin started 2016 off with a decision sure to impact the asbestos litigation world. In Ahnert v. Employers Insurance Company of Wausau et al., the District Court ruled that Wisconsin’s Statute of Repose did not foreclose the plaintiff from bringing asbestos-related claims against the defendants and denied the defendants’ motion for summary judgment. Case No. 13-C-1456 (Jan. 6, 2016, E.D. Wis). [Continue Reading]

Notable Take-Home Asbestos Exposure Developments
By Lindsay McClure-Hartman

In the later-half of 2015 and the beginning of 2016, there have been some notable state court decisions on the issues of product and premises liability for secondary or “take-home” exposure to asbestos. Depending on the state, different tests for determining liability are applied, however, the recent decisions discussed below help shed light on how state courts are currently thinking about take-home asbestos exposure cases. [Continue Reading]

Trio of Personal Jurisdiction Motions Denied in Saint Louis City and Madison County
By David D. Dean

In 2015, three foreign corporation asbestos defendants saw their attempts to obtain dismissal for lack of personal jurisdiction denied by circuit court judges in Saint Louis City, Missouri, and Madison County, Illinois. [Continue Reading]

Editor of the Month
Jen Dlugosz is a Jen Dlugosztoxic tort and product liability litigator in the firm’s Chicago office. She manages day-to-day operations of cases, working closely with clients and co-counsel to develop and implement overall defense strategies. Jen has served as national coordinating counsel for toxic tort claims and defended clients in repetitive litigation and pre-litigation claims stemming from product liability issues and recalls.
Connect with us: Blog | Twitter | LinkedIn
Technology, Manufacturing & Transportation
Asbestos 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]
Upcoming Events
DRI – Toxic Torts and Environmental Law
March 17-18, 2016
New Orleans, LA

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