Appellate Litigation

Arizona Supreme Court Rejects Asbestos Take Home Liability

Arizona Supreme Court Rejects Asbestos Take Home Liability

In yet another example of a Court refusing to extend a legal duty to defendants in an asbestos take home exposure case, the Arizona Supreme Court upheld a defendant's motion for summary judgment and rejected plaintiff's argument that a company's legal duty extends to...

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CMBG3 Wins Appeal of Asbestos Verdict In California

CMBG3 Wins Appeal of Asbestos Verdict In California

  On October 26, 2018, CMBG3 won on its appeal from a $1.6M verdict in a living mesothelioma case venued in Alameda County, California.  In a 16-page opinion, the California Appellate Court found that the only evidence presented at trial against CMBG3’s client...

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SCOTUS Urged To Decide Split In Courts For Environmental Case

SCOTUS Urged To Decide Split In Courts For Environmental Case

  In 1984, the United States Supreme Court in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., determined that, “where legislative delegation to [an] agency on particular question is implicit rather than explicit, [a] court may not substitute its...

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