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Category Archives: Litigation Trends

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Another Smoking Lung Cancer Asbestos Claim Gets Burned in Baltimore

Posted in Asbestos Litigation, Litigation Trends, Maryland Courts

Five plaintiffs in a smoking lung cancer case in a Baltimore City, Maryland case captioned James Harrell, et al v. ACandS, INC., et al, Consol. Case No. 24X16000053 saw their claims go up in smoke on November 15, 2016 when the Court granted certain Defendants’ Motion for Summary Judgment on the Basis of Assumption of… Continue Reading

Delaware Supreme Court Repudiates LLC’s Fraudulent Inducement Defense in Summary Advancement Proceeding

Posted in Delaware Courts, Employment Litigation, Litigation Trends, Uncategorized

The Delaware Supreme Court recently held that the plain language of an employment agreement and an LLC agreement prevented an LLC from interjecting a fraudulent inducement defense into a summary proceeding for the advancement of litigation expenses under Section 18-108 of the Delaware LLC Act. Trascent Mgmt. Consulting, LLC v. Bouri, No. 126, 2016 (Del…. Continue Reading

Court Orders “One-Star” Yelp Review of Attorney Removed but Non-Party Yelp Refuses

Posted in California Courts, Litigation Trends, Professional Liability

How one small San Francisco case may cause significant change for the Internet and its users Ever rely on a negative review on Yelp? Ever write a negative review on Yelp?  Well, one small dispute in San Francisco has set precedent in place that such a review can be found defamatory and ordered removed by… Continue Reading

Daimler Ruling’s Crucial Role in Recent Delaware Court Decision

Posted in Asbestos Litigation, Delaware Courts, Litigation Trends

Since the United States Supreme Court’s decision in Daimler AG v. Bauman in 2014, general jurisdiction over a corporate defendant has become a hot topic. See 134 S. Ct. 746 (2014). In most jurisdictions, it is no longer sufficient for a plaintiff to establish a corporate defendant was registered to do business in the jurisdiction… Continue Reading

Don’t Watch Your Personal Jurisdiction Defense Sail Away

Posted in Employment Litigation, Litigation Trends, Rhode Island Courts

The rules of civil procedure are thrust, like harpoons, upon young lawyers during their first year of law school, and for good reason.  Failing to abide by any number of a jurisdiction’s various rules sections, subsections, and clauses can result in instant death to your client’s cause of action or defense.  For example, we know… Continue Reading

New Trend Emerging From Pending California Take-Home Exposure Decision?

Posted in Asbestos Litigation, California Courts, Litigation Trends, Toxic Tort

California has become a hub for asbestos litigation.  Its plaintiff-friendly law and juries have attracted plaintiffs from both California and across the country.  A case currently pending in the Supreme Court of California concerning whether a duty is owed to a plaintiff who alleges “take-home” asbestos exposure could have a major impact on whether California… Continue Reading

Court Rules Monsanto Roundup Cases to Stay in Delaware

Posted in Delaware Courts, Litigation Trends, Products Liability, Toxic Tort

Judge Vivian L. Medinilla of the Delaware Superior Court recently denied defendant Monsanto Company’s motion to dismiss on the basis of forum non conveniens (“FNC”) in Barrera v. Monsanto Company.  This ruling, along with a similar ruling issued by Judge Andrea L. Rocanelli one day prior in Gilchrist v. GlaxoSmithKline, LLC, reaffirms and provides new… Continue Reading

Rhode Island Court Upholds Daimler to Dismiss Claims Against Foreign Corporation for Lack of Personal Jurisdiction

Posted in Asbestos Litigation, Complex Torts, Litigation Trends, Rhode Island Courts

On October 13, 2016, Presiding Justice Alice B. Gibney of the Rhode Island Superior Court ruled on Defendant Dana Companies, LLC’s Motion to Dismiss for Lack of Personal Jurisdiction pending in the case of Harold Wayne Murray and Janice M. Murray v. 3M Company, et al., granting the defendant’s motion to dismiss upon finding that… Continue Reading

Calif. Supreme Court Takes On ‘Take-Home’ Asbestos

Posted in Asbestos Litigation, California Courts, Premises Liability

Specifically, the court granted preferential review of the issue:   “If an employer’s business involves either the use or the manufacture of asbestos-containing products, does the employer owe a duty of care to members of an employee’s household who could be affected by asbestos brought home on the employee’s clothing?”   As background, recent California… Continue Reading

Delaware Supreme Court Tosses $2.8 Million Verdict in Galliher Asbestos Trial

Posted in Asbestos Litigation, Delaware Courts, Products Liability

Overview: In an opinion written by Justice Henry DuPont Ridgely, a unanimous panel of the Delaware Supreme Court recently threw out a $2.8 million verdict in the case of Michael Galliher v. R.T. Vanderbilt.  Defense Litigation Insider previously covered the verdict and Trial Court’s post trial opinion.  Here, R.T. Vanderbilt (“Vanderbilt”) appealed the verdict claiming… Continue Reading

Latest Fallout in Garlock Highlights Importance of Thorough Discovery of Bankruptcy Claims

Posted in Asbestos Litigation, Litigation Trends, Toxic Tort

Note: For more MG&M analysis on Garlock, please see previous post by William Larson and Brian Gross.   The ramifications of the Garlock asbestos bankruptcy are just beginning to be felt across the country.  As new developments continue to play out, it is important to note that in each of the 15 cases in which… Continue Reading

Maryland Court Continues Trend, Holding There Is No Duty To Warn For Household Exposure

Posted in Asbestos Litigation, Litigation Trends, Maryland Courts, Toxic Tort

The Maryland Court of Appeals unanimously ruled that Georgia-Pacific Corp. was not liable for illness involving a woman who was exposed to asbestos while doing her father’s laundry in the 1960s. The Insurance Journal reported on the recent decision: The Court of Appeals ruled that Georgia-Pacific Corp. was not obligated to warn relatives of the… Continue Reading

North Carolina Bankruptcy Court Limits Garlock’s Asbestos Liabilities and Ford Wants the Court Records Unsealed

Posted in Asbestos Litigation, Litigation Trends, Toxic Tort

Background: Garlock Sealing Technologies, LLC (“Garlock” or “Debtors”) filed for Chapter 11 bankruptcy protection in June 2010.  Garlock had been an active asbestos defendant for its asbestos-containing precut gaskets, sheet gasket material, and packing materials.  In January, after extensive discovery and a trial held under seal, the Bankruptcy Court issued an opinion (pdf download) in… Continue Reading

Congresswoman’s Asbestos Lawsuit Emblematic of an Increasing Trend of Allegedly Asbestos-Related Lung Cancer Cases

Posted in Asbestos Litigation, Delaware Courts, Litigation Trends

Companies and insurers continue to experience an increase in the number of lawsuits they face, which involve Plaintiffs who allege that their lung cancer was caused by asbestos exposure, despite the fact that many of these Plaintiffs were longtime smokers.  The trend, which has emerged over several years, has gained nationwide prominence as highlighted by… Continue Reading

Top 5: Changes to New Delaware Asbestos Standing Orders

Posted in Asbestos Litigation, Delaware Courts, Litigation Trends

Approximately a year ago Delaware Asbestos Judge John A. Parkins, Jr. asked the asbestos bar to recommend a revised Standing Order No. 1  (pdf download) and General Scheduling Order (pdf download) (“GSO”) to govern the ten asbestos trial settings in Delaware each year.  The endeavor was led by the ADR Master, David A. White, and then Judge… Continue Reading

Asbestos Cases and Every Exposure Causation: Proper Expert Witness Preparation Is Essential In Any Jurisdiction

Posted in Asbestos Litigation, Litigation Trends

Companies around the country grapple with different standards of causation in different jurisdictions.  If recent trends continue, some jurisdictions may take a harder look at the “every exposure” theory of causation advanced by plaintiffs’ attorneys in asbestos litigation. Pennsylvania has recently reaffirmed the “well established” concepts involving the requirements for substantial factor causation: The each… Continue Reading

Delaware Judge Upholds $2.8 Million Verdict in Galliher Asbestos Trial

Posted in Asbestos Litigation, Delaware Courts

Background:  Judge John A. Parkins, Jr. recently upheld a $2.8 million verdict awarded to the estate of a deceased 62 year old man in a mesothelioma case .  The Simmons firm represented Plaintiffs in this case against R.T. Vanderbilt (“Vanderbilt”).  Plaintiffs argued that Vanderbilt’s NYTAL industrial talc (pdf download) contained asbestiform materials and caused Mr. Galliher’s mesothelioma. … Continue Reading

Social Media: #Discovery

Posted in Litigation Trends

There is little doubt that Facebook, LinkedIn, and Twitter have enhanced our ability to communicate with one another and express our ideas and feelings. These social networks—and countless others—make it easy to share photographs of our children at birthday parties, organize social events, or boast about our latest culinary creations. Often, we use social networking… Continue Reading

Defense Verdict Obtained Via Independent Rebuttal Witnesses in Living Mesothelioma Case Brought by Medical Expert Dr. Richard Luros

Posted in Asbestos Litigation, California Courts, Toxic Tort

On July 12, 2013 an Alameda jury returned a defense verdict in the living mesothelioma asbestos case Richard Luros v. Amcord, Inc., Alameda Superior Court Number RG11600370. (Luros complaint pdf download). The California defense asbestos bar had been watching the case with interest since it was filed in October 2011, as the Plaintiff, Dr. Richard… Continue Reading

Fairness of Imposing Statutory Interest Rate on Private Entity Defendants When Rate is Significantly above Existing Market Interest Rates

Posted in Litigation Trends, Massachusetts Courts

  In Massachusetts, the interest rate for pre-and post-judgment interest is 12%, a number which was last revised in 1982 during the Reagan Administration.   See Mass. Gen. Laws ch. 231,§ 6B.   Massachusetts has not followed the lead of other states and federal district courts which use a floating rate or an economic benchmark for determining what the pre- and… Continue Reading

Insurers Hold Attorney-Client Privilege in Instances where Bankrupt Corporation with No Officers or Directors is the Insured

Posted in Asbestos Litigation, California Courts, Litigation Trends

In Melendrez v. Superior Court (download), 214 Cal.App.4th 1343 (2013), the California Court of Appeals, Second District, recently resolved the issue of who may verify discovery responses on behalf of a bankrupt entity with no directors or officers.  The decision also reaffirms prior cases which hold that attorneys cannot waive the attorney-client privilege on behalf of… Continue Reading

CALIFORNIA SUPREME COURT PUBLISHES ANOTHER OPINION LIMITING POOL OF DEFENDANTS AVAILABLE TO PLAINTIFFS IN CALIFORNIA ASBESTOS LITIGATION

Posted in Asbestos Litigation, California Courts, Toxic Tort

The California Supreme Court recently resolved conflicting opinions from state appellate intermediary courts on the subject of whether, or under what circumstances, a plaintiff may sue a dissolved out of State corporation in California. In Greb v. Diamond International Company, 56 Cal. 4th 243 (2013) the Court held that dissolved foreign corporations are not subject… Continue Reading

Getting the Facts: House Considers the “Furthering Asbestos Claims Transparency (FACT) Act” of 2013

Posted in Asbestos Litigation, Litigation Trends, Toxic Tort

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