California Appellate Panel Affirms Defense Judgment Under Component Parts Doctrine In Personal Injury Case

LOS ANGELES - (Mealey's) A unanimous panel of the Second District California Court of Appeal, Division Three, issued an opinion Feb. 1 affirming summary judgment under the component parts doctrine for the suppliers of raw materials to a metal fabrication company that were sued by an employee for...

Federal Jury Returns Verdict For Consumer Who Alleges Butter-Flavoring Lung Disease

DENVER - (Mealey's) A Colorado man who alleges that he developed the lung disease bronchiolitis obliterans from exposure to diacetyl in microwave popcorn flavoring was awarded $7.2 million Sept. 19 by a U.S. District Court for the District of Colorado jury ( Wayne Watson, et uxor v. Dillon Companies...

Jury Awards Oregon Veterans $85 Million For C6 Exposure At Restore Iraqi Oil Site

PORTLAND, Ore. - (Mealey's) The Iraq War contractors accused by Oregon National Guard members in the U.S. District Court for the District of Oregon of exposing them to hexavalent chromium during a Restore Iraqi Oil mission were found liable by a jury under the theory of negligence but not fraud Nov...

Federal Judge Issues Order Approving 5 Defective Drywall Settlements

NEW ORLEANS - (Mealey's) The federal judge in Louisiana presiding over the massive Chinese-manufactured defective drywall litigation issued an order Feb. 7 approving five class action settlements with manufacturers, builders, suppliers and installers of Chinese drywall and their various insurers...

William A. Ruskin: No FIFRA Preemption, No Problem!

By William A. Ruskin In Gresser v. Dow Chemical Co ., Ind. Ct. App., No 79A02-1111-CT-1014, 4/30/13 [ enhanced version available to lexis.com subscribers ], the plaintiffs in this toxic tort case alleged that their children developed a variety of illnesses after a purported exposure to Dursban TC in...

Steptoe & Johnson PLLC: Asbestos Suits Against Employers Now Permitted In Pennsylvania In Some Situations

By James J. A. Mulhall | The Supreme Court of Pennsylvania, Western Division, issued an extremely important decision on November 22, 2013 in the Tooey and Landis holding [ enhanced opinion available to lexis.com subscribers ]. The consolidated appeals involved asbestos lawsuits against employers when...

2nd Circuit: $5M Contingent Payment Pursuant To Sept. 11 Settlement Not Triggered

NEW YORK — (Mealey’s) The Second Circuit U.S. Court of Appeals on June 9 found that a lower federal court erred in ordering the WTC Captive Insurance Co. Inc. to make a $5 million first contingent payment pursuant to the settlement of personal injury claims filed against the City of New York...

Norton Rose Fulbright: CERCLA's Federal Discovery Rule Does Not Preempt State Statutes Of Repose

By Janet L. McQuaid , Michael P. Gaetani , Joshua Snyder , and Jennifer Blair Caplan . . . [T]he United States Supreme Court held in CTS Corp. v. Waldburger 1 that Section 9658 of CERCLA 2 does not preempt state statutes of repose that set a time frame after which a potential defendant is no longer...

Duane Morris LLP: Pa. Superior Court Confirms Statutory Right of Repose for Improvements to Real Estate in Asbestos Cases

The Pennsylvania Superior Court reversed a jury verdict in favor of plaintiffs in an asbestos mesothelioma case, finding that the 12-year statute of repose bars all claims related to improvements constructed on real estate brought beyond the statutory period pursuant to 42 Pa. Cons. Stat. Ann. §...