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Monthly Archives: April 2018

A Rhode Island Court Considers an Employer’s Duty of Care to a Non-Employee for Asbestos Exposure

Posted in Asbestos Litigation, Employment Litigation, Litigation Trends, Rhode Island Courts, Uncategorized

On April 16, 2018, a Rhode Island court addressed for the first time whether an entity owes a duty of care to protect non-employees from exposure to the asbestos-tainted work clothes of the entity’s employee.  In a decision denying the defendant Crane Co.’s motion for summary judgment in the matter of Carolyn Nichols, as Executrix… Continue Reading

Cumulative Exposure Theory Found Inconsistent with Test for Causation and Determined Not Sufficient Basis for Finding Substantial Factor

Posted in Asbestos Litigation, Products Liability, Uncategorized

In a recent case, the Ohio Supreme Court addressed the question of whether the “cumulative-exposure theory” satisfies the “substantial factor” test for a plaintiff to succeed on a claim for asbestos-related injuries. The standard in Ohio requires a plaintiff to demonstrate that exposure to the product of a certain defendant was a substantial factor in… Continue Reading

Summary Judgment Order Illuminates Issues in MA Asbestos Litigation

Posted in Asbestos Litigation, Massachusetts Courts, Premises Liability, Professional Liability

Overview On March 30, 2018, Judge Rya Zobel of the United States District Court (District of Massachusetts) issued a memorandum of decision on two Defendants’ (NSTAR Electric, formerly Boston Edison, and General Electric) Motions for Summary Judgment in an asbestos personal injury and wrongful death matter, June Stearns and Clifford Stearns as Co-Executors of the… Continue Reading

Trouble Brews in NYCAL after Summary Judgment Rejection

Posted in Asbestos Litigation, Litigation Trends, New York Courts, Products Liability

A March 22, 2018, denial of a defendant’s summary judgment motion in the New York City Asbestos Litigation (NYCAL) signals a drastic lowering of the product identification standards in that venue (and a possible strategic adjustment necessary in future defendants litigating there).   In Trumbull v. Adience, Inc., a former brewer sued Stavo Industries (“Stavo”)… Continue Reading