Legal Resources
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...
Motion To Reconsider Filed By Trinity Lloyd’s Insurance In Fifth Circuit Over Ruling Requiring Company To Cover $2.5 Million For Asbestos Claims
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...
Court of Appeals Kicks Flint’s Lead-Tainted Water Cases Back To State Court
Last week, the Sixth Circuit Court of Appeals held that three lawsuits against Michigan’s environmental officials over Flint’s lead-tainted water must be litigated in the state court and not the federal court. At the heart of the appeal was whether the officials were...
“Get the Lead Out” Campaign Aims To Raise Awareness In Schools Over Lead In Drinking Water
Boston area schools started a new school year recently and two organizations took steps to ensure that parents were made aware of steps that they could take to reduce the likelihood that their children would ingest lead particles from drinking water sources. As part...
7th Circuit Court Upholds Asbestos Defense Verdict and Rejection of “Each and Every Exposure” Causation Evidence
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...
Dispute In New Jersey Court Over Samples of Johnson & Johnson’s Talc Products
New Jersey was one of the first states to establish a multidistrict litigation (MDL) docket for thousands of pending ovarian and uterine cancer claims against Johnson & Johnson for the company’s talcum powder products. Last week, a number of plaintiffs on the New...
Excess Carrier Not Required To Pay $2.5 Million To Primary Carrier, Court Says
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...
State Cracks Down Over Asbestos Regulations
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...
Paint Companies Fight $1.15 Billion Lead Ruling
Yesterday, paint manufacturer Sherwin-Williams Co. and two former lead pigment makers (ConAgra Grocery Products and NL Industries) argued to a California appellate court that a trial court’s ruling of $1.15 billion against the companies should be reversed. The...
$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...
$440 Million Award In First California Talcum Powder Trial
Yesterday, a California jury returned a verdict against Johnson & Johnson in the amount of $417 million, ending a four week bellweather trial that marks the first case tried to verdict against Johnson & Johnson in which it was alleged that the company's talcum...
First California Talcum Powder Case Goes To the Jury
As CMBG3 reported earlier this year, the first California case (Eva Echeverria v. Johnson & Johnson, number BC628228, in the Superior Court of California for Los Angeles County) against Johnson & Johnson regarding allegations of ovarian cancer caused by talcum...