William A. Ruskin: When Should Data Underlying Scientific Studies Be Discoverable?

By William A. Ruskin There is significant tension between the goals of scientific research and the demands of litigation. For scientific researchers, the amount of time required to respond to discovery takes away valuable time that might be otherwise devoted to research. Injustice and unfairness may...

William A. Ruskin: Applying The Brakes To ‘Take-Home’ Asbestos Claims

By William A. Ruskin The typical “take-home” plaintiff is a bystander such as the child who claims she was exposed to asbestos while playing in the basement where her father’s work clothes covered with asbestos dust were laundered. Across the United States, the battle lines are being...

West Virginia Court Resolves Issues Of First Impression On Insurance Coverage For Delayed Manifestation Claims

By John T. Waldron, III and Sara N. Brown I. Introduction The last few decades of tort litigation in America have been marked primarily by a surge in filings of asbestos, silica and other delayed manifestation bodily injury and property damage claims. These tort claims have in turn led to numerous...

Asbestos danger warning sign

Asbestos Litigation, Attorney Advertising & Bankruptcy Trusts: The Economic Incentives Behind The New Recruitment Of Lung Cancer Cases

By Marc C. Scarcella, Peter R. Kelso, and Joseph Cagnoli, Jr. [Editor's Note: Marc C. Scarcella and Peter R. Kelso, Managers at the Washington, D.C., office of Bates White Economic Consulting. Joseph Cagnoli, Jr., Shareholder in the Philadelphia office of Segal McCambridge Singer & Mahoney...

PA: Where Occupational Disease Is Manifested Outside 300-Week Prescription Period, Civil Action Against Employer Is Not Barred by Exclusivity

In a split decision, the Supreme Court of Pennsylvania recently held that claims for an occupational disease, in this case mesothelioma resulting from asbestos exposure, which manifested outside the 300-week period prescribed by the Workers' Compensation Act (WCA), 77 Pa. Stat. Ann. § 411(2...

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...

Duane Morris LLP: FACT Act Promises Transparency In Bankruptcy Trust Claims And Payments For Asbestos Exposure

Asbestos defendants are one step closer to greater transparency regarding the often illusive bankruptcy trust claims and payments. On Wednesday, November 13, 2013, the U.S. House of Representatives passed H.R. 982, the Furthering Asbestos Claim Transparency (FACT) Act by a 221-199 vote. FACT would amend...

Illinois Court Rejects Insurer's Invitation to Reverse "All Sums" Ruling

The Illinois Appellate Court in John Crane, Inc. v. Admiral Ins. Co. , 2013 IL App. (1st) 093240, held that in an asbestos bodily injury coverage case, 1. Any policy in which asbestos exposure, sickness, or disease occurred during the policy period is triggered; and 2. All triggered policies are...

Asbestos Bankruptcy Trusts: A 2013 Overview Of Trust Assets, Compensation & Governance

By Marc C. Scarcella and Peter R. Kelso [Editor's Note: Marc C. Scarcella and Peter R. Kelso, Managers at the Washington, DC office of Bates White Economic Consulting. The views of the authors do not reflect the opinions of their firm, their clients, or Mealey's Publications. © 2013 by...

Garlock Sues Law Firms, Alleging Fraud Over Asbestos Claims

CHARLOTTE, N.C. — (Mealey’s) Chapter 11 debtor Garlock Sealing Technologies LLC filed four adversary complaints Jan. 9 in a North Carolina federal bankruptcy court against several law firms and attorneys, alleging conspiracy, fraud and violations of the Racketeer Influenced and Corrupt Organizations...

Pennsylvania Supreme Court: Common Law Claims Against Employers Allowed For Latent Occupational Diseases

By Richard I. Nemeroff and R. Scott Marshall [Editor's Note: Mr. Nemeroff is the principal of The Nemeroff Law Firm, P.C., with offices in Dallas, TX, Houston, TX, Pittsburgh, PA, and New Orleans, LA and focuses his firm's practice on asbestos, pharmaceutical and catastrophic personal injury...

Bankruptcy Judge: Plaintiffs, Lawyers Covered Up Evidence In Garlock Mesothelioma Cases

CHARLOTTE, N.C. —(Mealey’s) Chapter 11 debtor Garlock Sealing Technologies LLC’s total estimated liability for present and future mesothelioma claims is only $125 million, not $1.2 billion as asbestos personal injury claimants argued, because Garlock’s history of settling mesothelioma...

Top Environmental Issues Facing Automotive Suppliers in 2014

Executive Summary Like any other part of the manufacturing sector, auto suppliers face a number of challenges complying with environmental regulatory requirements, in particular managing and monitoring development of greenhouse gas emissions limits in the United States, European Union, and elsewhere...

A Third Wave In Asbestos Liabilities Lies Ahead: Actuarial Models Are Systematically Underestimating Exposures

By Bill Wilt and Alan Zimmermann | [Editor's Note: Bill Wilt, President of Assured Research, has had diverse roles in insurance including actuary, research analyst, and corporate development executive. Since founding Assured Research in 2011 the firm has focused on providing actionable research...

Missouri: M is for Meso

Missouri has radically changed the comp rules for workers with mesothelioma with a new category of “occupational disease due to toxic exposure.” What is mesothelioma? Mesothelioma is a rare and highly aggressive disease related to asbestos exposure. It can be distinguished from lung...

William A. Ruskin: U.S. Bankruptcy Court Exposes Plaintiff Scheme To Suppress Asbestos Exposure Evidence

By William A. Ruskin On January 10, 2014, the Hon. George R. Hodges, United States Bankruptcy Court for the Western District of North Carolina, handed down a decision that promises to be a “game changer” for asbestos manufacturers facing potentially crushing mesothelioma death claims....

NYC Asbestos Litigation Justice Ends Deferral Of Punitive Damages, Keeps CMO Intact

NEW YORK — Continued deferral of punitive damages in New York City Asbestos Litigation (NYCAL) unfairly prejudices plaintiffs, and fears of runaway verdicts bankrupting defendants appear overblown in light of the standard necessary for such awards, a New York justice held today. The justice also...

William A. Ruskin: The New York City Asbestos Litigation Just Became More Complicated

By William A. Ruskin | Pursuant to the Decision and Order of the Hon. Sherry Klein Heitler, dated April 8, 2014, asbestos plaintiffs for the first time since 1996 may seek permission from the New York City trial judges to charge the jury on the issue of punitive damages. Until Judge Heitler’s...

California Workers' Comp Case Roundup (6/14/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

Contractor Sentenced To Prison For Contaminating Beach With Asbestos From Condo Renovation

As a result of beach contamination that occurred from illegally pressure washing siding on a high rise condo in Myrtle Beach, South Carolina, David Braswell has been sentenced in federal court in Florence, South Carolina, for violation of the Clean Air Act, 42 U.S.C. § 7412, [ enhanced version available...

N.J. Judge Awards $90.5M In Asbestos-Related Damages After Default In 11 Cases Against International Companies

NEW BRUNSWICK, N.J. — (Mealey’s) A New Jersey judge on July 2 awarded $90.5 million in asbestos-related damages against Eternit successors Anova Holding AG and Becon AG after awarding default judgments against the international companies, sources told Mealey Publications ( Tuturice v. Anova...

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. §...

2nd Circuit: Bankruptcy Court Order Final; Insurers’ Deals With Asbestos Claimants Valid

NEW YORK — (Mealey's) The Second Circuit U.S. Court of Appeals on July 22 reinstated a federal bankruptcy court ruling requiring two insurance companies to pay $510 million to asbestos personal injury plaintiffs under decades-old settlements, finding that conditions precedent to payment under...

Bostic v. Georgia-Pacific: The Texas Supreme Court Extends And Refines Substantial Factor Causation In Asbestos Litigation

By Patrice Pujol and Laura A. Frase [Editor's Note: Patrice Pujol is an appellate and litigation attorney in the Houston Office of Forman Perry Watkins Krutz & Tardy, LLP. Laura A. Frase is a litigation partner in the Dallas Office of Forman Perry Watkins Krutz & Tardy, LLP. Both authors...