LexisNexis® Legal Newsroom
The Owens-Illinoise That Will Be Heard Around The World: New Jersey Supreme Court Overrules Decision Adopting The Continuous Trigger

It has been said so many times - to the point of uber-cliché - that the only certainties in life are death and taxes. I have always believed that this list of sure things could include a third - there will never be a greater movie made than Airplane. And if the list of certainties were expanded...

Gaffrey on the “Next Asbestos”

(Please visit the site to view this video) So benzene isn’t. Mold isn’t. So what is the proverbial “next asbestos”? Click and listen to what Marc S. Gaffrey had to say on the subject. Marc is a partner with Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick, N.J. This...

Kazan on Changes in Asbestos

(Please visit the site to view this video) How has the development of asbestos disease and the resulting litigation changed since the 1970s? Steve Kazan of Kazan, McClain, Lyons, Greenwood & Harley shared his views earlier this month in a clip produced by HB Litigation Conferences. More at www...

Pietrykowski on Asbestos Case Removal Part 2

(Please visit the site to view this video) What about claims that asbestos defendants use the removal process to stall litigation? Hear what Gordon & Rees partner Michael Pietrykowski had to say earlier this month in a clip produced by HB Litigation Conferences. More at www.LitigationConferences...

Pietrykowski on Asbestos Case Removal Part 1

(Please visit the site to view this video) What might we see in the area of asbestos case removal? Will we see more of this activity? How will federal courts deal with the issue? Hear what Gordon & Rees partner Michael Pietrykowski had to say earlier this month in a clip produced by HB Litigation...

Gaffrey on Asbestos Equipment Defendants

(Please visit the site to view this video) How has the involvement of equipment makers changed the character of asbestos litigation? Click and listen to what Marc S. Gaffrey had to say on the subject. Marc is a partner with Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick, N.J. This clip...

Kazan on Asbestos Usage in the U.S.

(Please visit the site to view this video) Is anything new being done about the continued use of asbestos in the United States? Steve Kazan of Kazan, McClain, Lyons, Greenwood & Harley shared his views earlier this month in a clip produced by HB Litigation Conferences. More at www.LitigationConferences...

Gaffrey on Benzene Litigation

(Please visit the site to view this video) Benzene litigation has not become the proverbial next asbestos as some predicted. What has it become? Click and listen to what Marc S. Gaffrey had to say on the subject. Marc is a partner with Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick, N...

Gaffrey on Mold Litigation

(Please visit the site to view this video) Mold litigation was another would-be asbestos. Where is that litigation today? Click and listen to what Marc S. Gaffrey had to say on the subject. Marc is a partner with Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick, N.J. This clip was produced...

Supreme Court Denies Petition To Review Ruling In Asbestos Coverage Lawsuit

WASHINGTON, D.C.- (Mealey's) The U.S. Supreme Court on Nov. 30 denied an insurer's petition for certiorari seeking review of the Second Circuit U.S. Court of Appeals' ruling that a 1986 injunction issued in asbestos manufacturer Johns-Manville Corp.'s bankruptcy proceedings does not apply...

Goldberg Segalla’s Reinsurance Review – February, 2011

IN THIS MONTH'S EDITION: Circuit Court Reverses District Court and Determines that there is No Right to Injunction to Stop Arbitration Because No Showing of Irreparable Injury District Court Dismisses Case against British American Sua Sponte For Lack of Subject Matter Jurisdiction District...

New York’s Highest Court Perplexcess Insurers

Asbestos - But More - If the decision can make it here, it can make it anywhere Randy J. Maniloff, White and Williams, LLP Come on, isn't it annoying that New York's highest court is called the Court of Appeals of New York and not the New York Supreme Court. Because it's not, you...

Release of Asbestos During Ceiling Renovation Falls Within Pollution Exclusion of Property Insurance

By Samuel H. Ruby, Shareholder, Bullivant Houser Bailey PC A California Court of Appeal has held that the release of asbestos in and about a condominium complex during the scraping of acoustical "popcorn" ceiling falls within a property insurance policy's pollution exclusion. Villa...

Courts Continue To Resist Confidentiality in Filing Arbitral Vacatur/Confirmation Proceedings; Other Rulings Lead To Confirmation of Award

By Louis M. Solomon, Partner, Cadwalader, Wickersham & Taft LLP Harper Ins. Ltd. v. Century Indemnity Co. , 10 Civ. 7866 (S.D.N.Y. July 2011)(NRB) (Free Download), addresses cross-petitions to vacate and confirm an arbitral award. The case addresses several typical issues arising in such proceedings...

Federal-Mogul Global Inc.: Third Circuit Holds Bankruptcy Code Preempts Anti-Assignment Provisions, Allowing Transfer of Policy Rights to Asbestos Trust

By Jennifer Black Strutt, Associate, McCarter & English, LLP Federal-Mogul Global, Inc., one of the world's largest manufacturers of automobile parts, and its affiliates filed for Chapter 11 bankruptcy, seeking to resolve asbestos-related liability through the creation of a personal injury...

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

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...

Illinois Appellate Court Clarifies Duty to Defend Standards

By David F. Cutter and William P. Pipal In a decision issued on January 13, 2015, the Illinois Appellate Court, [ enhanced version available to lexis.com subscribers ], affirmed a trial court's ruling that insurers had a duty to defend an insured against the thousands of lawsuits filed against...

California Supreme Court Finds Liability Policies Are Assignable in Some Circumstances

By Andrew B. Downs and Heather J. Zacharia In a sharp U-Turn, the California Supreme Court has decided that rights under liability insurance policies for harm that has already happened are assignable without the insurer's consent. In California, pre-loss assignments without the insurer's...

California Supreme Court: Insureds May Freely Transfer Insurance Rights

In 2003, the California Supreme Court ruled, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], that a company’s contractual transfer of insurance rights to a subsequent purchaser was invalid, as it violated the policy condition against assignments without...

California Joins the Majority – Henkel No Longer a Bar to Post-Loss Assignments

By Jason Frye , Associate, Neal, Gerber & Eisenberg LLP The California Supreme Court has issued its long-awaited ruling in Fluor Corp. v. Superior Court of Orange Co . and held that California Insurance Code section 520 – a statute tracing back to 1872, [subscribers can access an enhanced...

California Supreme Court Reverses Prior Ruling On Anti-Assignment Clauses

In Fluor Corporation v. The Superior Court of Orange County (Hartford Accident & Indemnity Co., real party in interest), 2015 Cal. LEXIS 5631 (Aug. 20, 2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the California Supreme Court determined that California...

http://www.bullivant.com/Washington-Industrial-Insurance-Act-and-Asbestos-Exposure-Claims

Although the Washington Industrial Insurance Act (WIIA) often provides the exclusive remedy for employees' tort claims against employers, there are exceptions. Attorneys filing asbestos personal injury claims have found creative ways to try to use those exceptions to their clients' advantage...

Continental Wins $2.4 Million Summary Judgment Ruling against Policyholder

The United States District Court for the Eastern District of Michigan recently granted Continental Casualty Company’s motion for summary judgment and entered judgment in the amount of $2,425,774.84 in favor of Continental against Indian Head Industries, Inc., [subscribers can access an enhanced...