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

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]

Toxic Tort Monitor

November 12, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
Federal Court in Washington Holds Risks of Take-Home Asbestos Exposure Were Not Foreseeable Prior to 1955
By Paul Cranley

In a recent decision of the U.S. District Court for the Western District of Washington, the court held that the dangers of secondary asbestos exposure were not foreseeable in and before 1955. In particular, the Court held that the evidence presented by the plaintiffs in favor or their “take-home exposure” theory was insufficient to allow a jury to find that prior to 1955, defendant Union Pacific “knew or should have known of the risk that secondary asbestos exposure posed to its employees’ family members.” [Continue Reading]

Cook County Jury Awards $6M in Plaintiff’s Verdict
By Jen Dlugosz

In October, a Cook County jury awarded a $6 million dollars to the family of a deceased pipefitter in a mesothelioma trial. John Crane, Inc. was the only remaining defendant at trial. Plaintiff alleged that the decedent, a union pipefitter, worked with and around John Crane products. John Crane argued at trial that the decedent did not testify that any of the defendant’s gaskets or packings contained asbestos. [Continue Reading]

Department of Justice Acts to Fight Asbestos Trust Fraud
By

On September 13, 2018, the Department of Justice (DOJ) filed its first ever Statement of Interest in the bankruptcy of an asbestos company, signaling that DOJ intends to prioritize fraud and mismanagement relating to asbestos trusts. The Statement, filed in the U.S. Bankruptcy Court for the Western District of North Carolina in the Chapter 11 proceedings for Kaiser Gypsum Company, asserts that the proposed trust plans lack adequate safeguards and indicates that DOJ will object unless the final plan better ensures transparency and prevents fraud. [Continue Reading]

Toxic Tort Monitor Archive
August/September 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]

 

On September 13, 2018, the Department of Justice (DOJ) filed its first ever Statement of Interest in the bankruptcy of an asbestos company, signaling that DOJ intends to prioritize fraud and mismanagement relating to asbestos trusts. The Statement, filed in the U.S. Bankruptcy Court for the Western District of North Carolina in the Chapter 11 proceedings for Kaiser Gypsum Company, asserts that the proposed trust plans lack adequate safeguards and indicates that DOJ will object unless the final plan better ensures transparency and prevents fraud. Below are three major takeaways from DOJ’s action:

Continue Reading Department of Justice Acts to Fight Asbestos Trust Fraud

Scales of JusticeAll too often, corporations and executives trying to “do the right thing” find little preventative guidance coming from the Department of Justice. Companies seeking to ensure their corporate compliance programs are robust enough to withstand government scrutiny frequently must resort to reviewing the United States Sentencing Guidelines or prior Non-Prosecution Agreements or Deferred Prosecution Agreements for guidance.

Recently, though, the DOJ Fraud Section quietly issued additional information about how DOJ prosecutors evaluate a company’s compliance program in “conducting an investigation of a corporate entity, determining whether to bring charges, and negotiating plea or other agreements.” The guidance was issued on February 8, 2017, and was not accompanied by so much as a press release or other public statement. Titled “Evaluation of Corporate Compliance Programs,” it can be found in full here.

Continue Reading DOJ’s New Guidance on Compliance Programs

Emergency Responses to Government Investigations:

“They Say They Have a Search Warrant. What Do We Do?”

Register Now

This webinar presentation will address proper response to government investigations, proactive approaches to avoiding common mistakes, and the detection of early warning signs.

Date & Time
Thursday, September 3, 2015
Noon – 1 p.m. (CDT)

Presenter
Jeff Jensen, Partner

Continue Reading Webinar: Emergency Responses to Government Investigations

A recent New York Times article contained anecdotes of several taxpayers having their bank accounts seized by the IRS even though they had not been convicted of any crimes. The article leaves the reader with the impression that taxpayers are helpless to defend against such action. While the New York Times article accurately conveys how traumatic such seizures can be for those involved—Sgt. Jeff Cortazzo, who was forced to delay his daughter’s college education for a year; and Carole Hinders, whose 40 year old cash-only Mexican restaurant hangs in the balance—it is important to understand that these citizens have certain rights after a seizure occurs. While the IRS can seize assets without a court of law actually finding a taxpayer guilty of a crime, procedural safeguards exist to ensure that a taxpayer is not subjected to an unjust forfeiture by the federal government.

Continue Reading Providing Context to the Recent NY Times Article on the IRS’s Seizure of Bank Accounts

Husch Blackwell welcomes former FBI agent Christopher A. Budke to its Kansas City, Mo., office. A former special agent with the Federal Bureau of Investigation for over 30 years, Budke brings a broad range of investigative experience to the firm’s Government Compliance, Investigations & Litigation team. He will serve as a special investigator in criminal and civil matters, and lead internal investigations on behalf of companies and healthcare entities.

Continue Reading Former FBI Agent Joins Husch Blackwell’s Government Compliance, Investigations & Litigation Team

In response to Russia’s continuing actions in Ukraine, the United States and other nations have implemented increased economic sanctions that significantly broaden the scope of the sanctions previously in place. In addition to the U.S. actions, Canada, the European Union and Japan have imposed similar sanctions against Russia, including asset freezes and individual designations.

Continue Reading U.S. and Others Step Up Sanctions Against Russia