Covid-19 has impacted all phases of American life, and the nation’s legal system has certainly not been immune. However, after an initial period of uncertainty, lawyers and court systems across the country have adapted to the situation in order to keep the wheels of...
Asbestos
SCOTUS Extends Contacts Protections To Companies
On May 30, 2017, the United States Supreme Court published a decision (BNSF Railway Co. v. Kelli Tyrell, Special Administrator for the Estate of Brent T. Tyrell, Deceased, et al., 581 U.S. ___ (2017)) that reinforced its prior analytical framework regarding personal...
SCOTUS Reinforces Position On Protections For Companies
On June 19, 2017, the United States Supreme Court published an 8-1 decision (Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, 582 U.S. __ (2017)) further clarifying and reinforcing historical personal jurisdiction precedent dating back...
Pennsylvania Federal Court Extends “Take Home Exposure” Liability To Employers
A Pennsylvania federal court’s ruling expanded the potential liability for workplace chemical exposures with its recent decision allowing a case to proceed based on plaintiff’s argument of “take home exposure” to beryllium. Under the “take home exposure” theory of...
EPA’s About-Face On Asbestos Regulatory Position
On June 30, 2020, the federal government released its Spring Unified Regulatory Agenda (SURA), which provides uniform reporting of data on regulatory and deregulatory activities under development throughout the Federal Government, covering approximately 60...
States and NGOs Fight Back Against Asbestos Petition Denied By EPA
Last week, we reported on the Environmental Protection Agency's (EPA's) apparent about-face on its position as to whether it has sufficient information from companies regarding asbestos use in order to determine whether further limitations should be places on the...
David Goldman and Eric Robbie Win RI Summary Judgment For Client
A 14 page decision handed down on October 27, 2020 by Justice Alice B. Gibney, Presiding Justice of the Rhode Island Superior Court, granted a summary judgment motion briefed and argued by CMBG3 attorneys David Goldman and Eric Robbie on behalf of an equipment...
No Smoking? No Problem. New DNA Defenses in Non-Smoking Lung Cancer Cases
In asbestos-related litigation involving cases of lung cancer, the question of whether asbestos was a cause in the development of the plaintiff’s lung cancer is nearly always hotly contested. Cancers are caused by mutations that may be inherited, induced by...
Ye Be Warned: Do Not Rely On Mere Presumptions
EPA’s New Asbestos Determination May Upend Decades of Science and Impact Litigation
The word “asbestos” is a term colloquially known as a hazard. Below the surface, though, while the average person knows from television ads that they may be entitled to compensation if they are exposed to asbestos, they almost surely do not know that asbestos is a...