The House of Representatives subcommittee on Regulatory Reform, Commercial and Antitrust Law is currently considering the “Furthering Asbestos Claims Transparency (FACT) Act.” The bipartisan legislation, introduced by Representatives Blake Farenthold (R-TX) and Jim Matheson (D-UT), aims to bring transparency to federal asbestos bankruptcy trusts. Bill H.R. 982 would require federal asbestos bankruptcy trusts to file quarterly… Continue Reading
Category Archives: Asbestos Litigation
Subscribe to Asbestos Litigation RSS FeedFree and Clear: Dissolved Delaware Corporation Deemed Not Liable for Asbestos-Related Liabilities More than 10 Years After Dissolution
Posted in Asbestos Litigation, Delaware CourtsThe Delaware Court of Chancery recently took a rare foray into the world of asbestos litigation after it was asked to appoint a receiver to distribute the remaining reserves from casualty insurance policies issued to Krafft-Murphy Company, Inc. (“Krafft-Murphy”) to plaintiffs who allege injury from asbestos-containing products used by Krafft-Murphy. The Chancery Court, in an… Continue Reading
Verdict Alert: Delaware jury awards $2.8 million to surviving wife and estate of a 62 year-old deceased man with mesothelioma in a talc case.
Posted in Asbestos Litigation, Delaware CourtsOn July 27, 2012, a jury in the matter of Michael Galliher v. American Optical Corp., et al., an asbestos personal injury lawsuit pending in the Superior Court of the State of Delaware, awarded over $2.8 million to the surviving wife and the estate of Michael Galliher. The jury found the sole defendant at trial,… Continue Reading
Shed a Little Light: Congressional Hearing on Asbestos Bankruptcy Trusts Promises Much-Needed Transparency
Posted in Asbestos LitigationRecently, the Subcommittee on Courts, Commercial and Administrative Law of the U.S. House Judiciary Committee, held a hearing on an important new bill aimed at furthering transparency in asbestos bankruptcy trusts. Proponents of the controversial new bill, entitled H.R. 4369, the “Furthering Asbestos Claim Transparency Act (FACT) Act of 2012,” say that it would… Continue Reading
John Crane v. Hardick: No Non-Pecuniary Damages for the Estate of a Former Navy Sailor
Posted in Asbestos Litigation, Delaware CourtsAs has been discussed on this blog, a number of Courts—including the Eastern District of Pennsylvania and the DE Maritime—have recently held that maritime law may apply to claims brought by former Navy sailors who allege exposure to asbestos while performing maintenance work on ships while at sea. Now, the Supreme Court of Virginia,… Continue Reading
Philadelphia Judge Addresses Criticisms of Court’s Asbestos Program
Posted in Asbestos Litigation, Litigation TrendsCo-authored by Brian Gross This week, the Honorable John W. Herron, the Administrative Judge of the Trial Division of the Court of Common Pleas of Philadelphia, issued a significant order that attempts to address perceived problems in the Court’s Mass Tort and Asbestos Programs. The order, available here, enumerates 15 different reforms that will significantly change… Continue Reading
California Supreme Court Says Equipment Manufacturers Not Liable For Injuries Caused By Asbestos-Containing Replacement Parts
Posted in Asbestos Litigation, California Courts, Litigation Trends, Products LiabilityCo-authored by Brian Gross After years of inconsistent rulings in the trial and appellate courts, the California Supreme Court recently decided the issue of whether plaintiffs in asbestos litigation may pursue claims against equipment manufacturers for injuries caused by asbestos-containing replacement component parts they neither manufactured nor supplied. For the reasons below, the Court expressly rejected this theory of liability and affirmed judgment in… Continue Reading
‘Twas the Night Before Trial – Bankruptcy Claims Forms and the Danger of Non-Disclosure
Posted in Asbestos Litigation, Delaware Courts, Litigation TrendsCo-authored by Brian Gross Filing claims with asbestos personal injury bankruptcy trusts is a double-edged sword for plaintiffs. While plaintiffs (particularly those diagnosed with mesothelioma) can recover hundreds of thousands of dollars from such trusts, bankruptcy claims and the forms associated with those claims can have a significant effect on a plaintiff’s legal action. Not only… Continue Reading
MDL-857 Update
Posted in Asbestos Litigation, Litigation TrendsCo-authored by Brian Gross UPDATE: On December 13, 2012, the MDL Panel issued an order in which it adopted Judge Robreno’s Suggestion. Please note, however, that the MDL Panel ordered that tag-along asbestos cases (subject to the five exceptions enumerated in Judge Robreno’s Suggestion) no longer be transferred to MDL-875 effective immediately – not starting January… Continue Reading
Death Knell for MDL-875? Judge Robreno Suggests to the MDL Panel that it Stop Transferring “Tag-Along” Asbestos Cases
Posted in Asbestos Litigation, Litigation TrendsCo-authored by Brian Gross On November 23, 2011, Judge Eduardo Robreno of the United States District Court for the Eastern District of Pennsylvania, the judge who oversees the federal multidistrict asbestos litigation docket (MDL-875), filed a Suggestion to the Panel on Multidistrict Litigation (“the Panel”) Concerning Future Tag-Along Transfers. After noting that the backlog of cases… Continue Reading
Pennsylvania Supreme Court to Rule on Whether “Every Breath You Take” Theory Holds Water in Asbestos Litigation
Posted in Asbestos Litigation, Litigation TrendsCo-authored by Brian Gross The health hazards associated with asbestos have been documented, at least to some degree, for many years. Yet the litigation of asbestos injury claims is as robust and contentious as ever. Why? Well, much of it stems from the fact that there is controversy in the medical and scientific community as to… Continue Reading
Judge’s Decision Brings Much Needed Clarity On The Issue of Maritime Jurisdiction in Asbestos Exposure Cases.
Posted in Asbestos Litigation, Toxic TortCo-authored by Brian Gross Choice of law analyses can, at times, be complicated affairs. That is particularly true in asbestos cases in which a plaintiff alleges exposure to numerous asbestos-containing products in multiple states over a prolonged period of years. An additional layer of complexity is added when some or all of the plaintiff’s allegations relate… Continue Reading
Sixth Circuit Holds that Substantial Cause Must Be Explicitly Established; “Every Exposure” Insufficient
Posted in Asbestos Litigation, Litigation TrendsCo-authored by Brian Gross On September 28, 2011, the Sixth Circuit Court of Appeals awarded Garlock a decisive victory in the matter of Olwen Moeller v. Garlock Sealing Technologies, LLC (C.A. No. 09-5670). In overturning a jury verdict against Garlock, the Moeller Court, pursuant to the substantive laws of the State of Kentucky, held that plaintiff… Continue Reading
Congress Taking a Closer Look into Alleged “Double-Dipping” by Asbestos Claimants
Posted in Asbestos LitigationCo-authored by Brian Gross Chances are, if you watch television, you’ve seen them – commercials in which attorneys promise financial compensation for those who have been diagnosed with an asbestos-related disease. In their efforts to fulfill these promises, plaintiffs’ attorneys can pursue claims not only against solvent companies through the court system, but can also pursue… Continue Reading
Delaware Asbestos Judge Continues Trend of Streamlining Docket
Posted in Asbestos Litigation, Litigation TrendsMuch like Judge Robreno, currently in charge of the Federal MDL asbestos docket in the Eastern District of Pennsylvania, Judge Ableman of the Delaware Superior Court has made increasing the efficiency of the Delaware asbestos docket a goal since being put in charge of asbestos litigation in Delaware in May of 2010. One of the… Continue Reading
Tort Reform Law And The Controversial “Losers Pay” Provision; A Game Changer For Asbestos Litigation?
Posted in Asbestos Litigation, Toxic TortCo-authored by Brian Gross The Texas legislature recently enacted a major tort reform law which would make the losing party pay the opposing party’s “costs and reasonable and necessary attorney’s fees.” In its true form, this rule, also known as the “English Rule,” requires that a losing party in litigation pay the fees and the costs… Continue Reading
Delaware Supreme Court Closes Door on Take-Home Asbestos Exposure Cases
Posted in Asbestos LitigationBrief Summary: On July 11, 2011, the Delaware Supreme Court issued a 3-to-2 divided opinion in Price v. E. I. du Pont de Nemours & Co. which addresses the issue of a landowner’s duty in a so-called “take-home” asbestos exposure case, in which the injured party is allegedly exposed to asbestos fibers brought home from… Continue Reading
Editor
Brian Gross
Brian D. Gross is a partner at Cooley Manion Jones who has extensive experience in a broad spectrum of litigation. He is also a member of several corporate defendants’ national trial teams. MoreContributors
Jonathan Tabasky
Jonathan Tabasky has defended product liability and toxic tort claims throughout New England. Jon represents an array of companies, including those that manufacture prescription drugs, protective clothing, fittings, heating devices, wire and cable, trucks, aircraft and turbines. More
Jason Cincilla
Jason Cincilla is a partner at Cooley Manion Jones and the lead attorney in the firm’s Delaware office. He conducts and supervises a broad litigation practice, and he has extensive experience in all stages of litigation in many areas. More
Michael R. Brown
Michael R. Brown is an associate in the Boston office of Cooley Manion Jones, where his practice focuses on commercial disputes and products liability actions. More
Carrie Lin
Carrie Lin is an associate in Cooley Manion Jones' San Francisco office. Her civil litigation practice focuses on tobacco and asbestos matters as well as the prosecution of employment class action matters. More
Eric Skelly
Eric Skelly is an associate with Cooley Manion Jones. He is a civil litigator who focuses his practice on all aspects of civil litigation including food liability matters, business and commercial disputes, products liability, and toxic torts. More
Margaret Moran
Margaret Moran is an associate with Cooley Manion Jones where her practice focuses on civil litigation, including products liability and complex torts litigation. More
Shaina Rasmussen
Shaina Rasmussen is an associate in Cooley Manion Jones’ Products Liability and Complex Tort Defense Practice Group. Prior to joining CMJ, Shaina worked as a Direct Claims Manager and Mass Tort and Environmental Litigation attorney. More
April Luna
April M. Luna is an associate in the firm’s Boston office. Her civil litigation practice focuses on toxic tort and products liability litigation. More
Subscribe to this blog via RSS
View Cooley Manion Jones' Linkedin Profile
Follow Us on Twitter