The 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
Peter Faben
Free and Clear: Dissolved Delaware Corporation Deemed Not Liable for Asbestos-Related Liabilities More than 10 Years After Dissolution
Posted in Asbestos Litigation, Delaware CourtsVerdict 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
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
‘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
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
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. 
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. 
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. 
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. 
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. 
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. 
Margaret Moran is an associate with Cooley Manion Jones where her practice focuses on civil litigation, including products liability and complex torts litigation. 
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. 
April M. Luna is an associate in the firm’s Boston office. Her civil litigation practice focuses on toxic tort and products liability litigation. 
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