CMBG3 Law previously reported on an August 18, 2017 ruling by the Fifth Circuit appellate court, in which the court held that excess insurer U.S. Fire Insurance was not required to pay $2.5 million to primary carrier Trinity Lloyd’s Insurance Co. (“Trinity”) to cover...
A common refrain from plaintiffs’ experts in the asbestos litigation is that “each and every exposure” to asbestos fibers was a substantial contributing cause of a plaintiff’s asbestos-related disease. Under this theory, it makes no difference whether a plaintiff was...
On August 18, 2017, a three judge panel of the Fifth Circuit appellate court reversed a lower court’s finding that excess insurer U.S. Fire Insurance was required to pay $2.5 million to primary carrier Trinity Lloyd’s Insurance Co. to cover the defense costs of a...
In two separate instances recently, the Commonwealth of Massachusetts continued to show that it will not show leniency towards individuals and companies alike over failure to comply with existing asbestos regulations. In the first instance, the Massachusetts...
On March 1, 2017, Massachusetts Attorney General Maura Healey announced the “Healthy Buildings, Healthy Air” initiative regarding asbestos. The aim of the initiative is to better educate schools and companies whose children and workers may come into...
The Massachusetts Attorney General’s Office recently obtained a preliminary injunction against Clean Air Environmental, Inc. for alleged violations related to the abatement, storage, and disposal of asbestos waste. In June, the Attorney General’s Office...
The Massachusetts Department of Environmental Protection (MassDEP) fined developer Peninsula Home Builders, Inc. $98,150 for various asbestos violations found at a residential renovation project in Brookline, Massachusetts. MassDEP discovered the violations after...
On March 27, 2017, the Supreme Court of Rhode Island issued a decision that provides a large measure of clarity to wrongful death damage recoveries. In O’Connell v. Walmsley, the Supreme Court of Rhode Island addressed the issue of whether the minimum recovery...
As CMBG3 Law previously reported, on November 29, 2016 the EPA identified asbestos as one of the first ten substances that it will focus on for potential regulatory purposes. The EPA was given wider latitude and authority to test and regulate potentially harmful...
Spouses, children, grandchildren, parents and others who claim that one of their relatives worked with or around asbestos-containing products, brought asbestos fibers home on their clothes, and that those fibers contributed to the development of an asbestos-related...