Plaintiff Charles Krik, a life-long cigarette smoker, alleged that his lung cancer was caused, in part, by exposure to asbestos attributable to his work as a pipe fitter at an Exxon Mobil refinery. At the trial level, the judge barred plaintiff’s expert Dr. Arthur Frank and his opinion that “any exposure” to a given substance […]
Toxic Tort Litigation Defense
NEW SUPREME COURT RULING WILL HAVE IMPACT ON MASS TORT LITIGATION
Justice Alito delivered the opinion of the U.S. Supreme Court on June 19, 2017 in Bristol-Myers Squibb Company v. Superior Court of California. The case concerned over 600 plaintiffs who brought suit in California state court against Bristol-Myers Squibb (BMS) alleging injuries from taking the drug Plavix. The vast majority of the plaintiffs were not […]
Talc’s Increasing Presence in Mass Tort Litigation Defense
Talc seems harmless enough. It is used in countless cosmetics and is a staple for infant care. Known as the “world’s softest mineral,” talc is mined from the ground like any other mineral. However, increasing evidence is showing that mined talc can be intermingled with asbestos. Recent court decisions throughout the country could be an […]
Secondary Exposure to Asbestos: When Taking Your Work Home Can Be Actionable
Take home, or secondary exposure, asbestos cases have increasingly become the norm in toxic tort asbestos litigation in the last 10 years. Secondary exposure occurs when a worker is exposed to asbestos at a job site and brings the asbestos-containing clothes home to be laundered by a family member. As a result, the family member […]
Restriction on Statute of Repose Defense Results in an Increase In Asbestos Claims Being Filed in Indiana
A frequently relied upon defense in insurance defense cases such as product liability and toxic tort cases in Indiana has been the statute of repose. Plaintiffs had two years from the date they knew or should have known they suffered harm to file a lawsuit based upon the state’s statute of limitations. The statute of […]
What Everyone Needs to Know about the Current State of Food Labeling Litigation
Labeling Litigation Since the early 2000s, litigation stemming from food labeling has grown to record proportions. California, which leads the nation in food labeling cases, continues as the primary jurisdiction for the majority of the filings. This has caused some people use the term “food court” when referring to the U.S. District Court for the […]
Asbestos Plaintiffs No Longer Barred by Indiana Product Liability Act’s Statute of Repose
In Myers v. Crouse Hinds Div. of Cooper Indus., (2016 Ind. LEXIS 156), the Supreme Court of Indiana found that Section 2 of the Indiana Product Liability Act violates the Indiana Constitution. Further, the Court held that the Indiana Product Liability Act’s Statute of Repose does not apply to cases involving protracted exposure to inherently […]
U.S. District Court Dismisses Take-Home Asbestos Claim
In Neumann v. Borg-Warner Morse Tec LLC, et al. (Case No. 1:15-cv-10507), the United States District Court for the Northern District of Illinois granted Defendant’s motion to dismiss in this “take-home” asbestos exposure case. The Court determined that Plaintiff’s negligence claim failed because Defendant did not owe Plaintiff a duty of care. The Court’s decision […]
Greg Cochran – Leading Lawyers
We are pleased to announce that Greg Cochran has been included in the list of Leading Lawyers for 2016 for Mass Tort Defendant Law and Toxic Torts Defense Law. Greg has previously received this honor from 2012 to 2015.
Illinois Supreme Court Reverses Folta Decision – Workers’ Compensation Claim is Exclusive Remedy for Employee’s Asbestos Injury
On November 4, 2015, the Illinois Supreme Court filed its opinion in Folta v. Ferro Engineering, 2015 IL 118070. In a 4-2 decision, the Court held that an employee’s common law tort action against his employer is barred by the exclusive remedy provisions of the Workers’ Compensation Act and Workers’ Occupational Diseases Act (“the Act” […]