Asbestos

“Each and Every” Theory Precluded In Asbestos Case

“Each and Every” Theory Precluded In Asbestos Case

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...

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EPA To Evaluate Asbestos Immediately

EPA To Evaluate Asbestos Immediately

The Frank R. Lautenberg Chemical Safety for the 21st Century Act (“Chemical Safety Act”) was signed into law by President Barack Obama in June of 2016 and amended the Toxic Substances Control Act (“TSCA”).  The Chemical Safety Act gives the Environmental Protection...

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$1 Billion In Coverage For Company’s Asbestos Claims

$1 Billion In Coverage For Company’s Asbestos Claims

Nearly 14 years ago, ITT Corp. filed a lawsuit alleging that a group of insurers are obligated to cover ITT’s legal costs and expenses in numerous asbestos lawsuits filed against the company. The company is seeking nearly $1 billion in coverage for the claims...

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Insurance Documents Must Be Turned Over In Coverage Dispute

Insurance Documents Must Be Turned Over In Coverage Dispute

In a recent decision by the Pennsylvania Federal Court involving a coverage dispute between two insurance carriers over underlying asbestos suits, U.S. District Judge Berle M. Schiller ordered that internal documents must be turned over despite arguments that they are...

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