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Category Archives: Asbestos

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Sole Proximate Cause in Illinois – the Journey Continues

Posted in Asbestos, Litigation Industry
The journey continues in Illinois on “sole proximate cause.” In Madison County, an ongoing trial presents contested issues regarding “sole proximate cause” in the context of asbestos litigation. The case is described in a February 15, 2017 article at Madison-St. Clair record. The journey also is ongoing in more general cases at the appellate level.… Continue Reading

Biomarker Exposure Tests Will Revolutionize Toxic Torts (Shameless Self Promotion)

Posted in Asbestos, Litigation Industry, Mass Tort Issues, Science
A bit of shameless self promotion for me and colleagues at Innovative Science Solutions. This week brought us 15 seconds of “fame” through publication of a February 7, 2017 article in a widely read national legal publication known as LAW360. The article focuses on the molecular biology revolution moving slowly but steadily into litigation involving… Continue Reading

Delaware Court Holds Manufacturer Has No Duty in Take Home Exposure Case

Posted in Asbestos, Cancer, Mass Tort Issues
The following is a guest post by Paul A. Bradley of Maron Marvel Bradley Anderson & Tardy LLC.  A decision from Delaware Superior Court Judge Vivian Medinilla extends Delaware’s no duty for take home asbestos exposure to product manufacturers. The Delaware Superior Court ruled on February 2, 2017, that a manufacturer does not owe a duty… Continue Reading

Illumina Introduces the Sequencing Machine It Says Will Take Us to the $100 Genome

Posted in Asbestos, Cancer, Litigation Industry
The first genome cost $3-4 billion, and took over a decade; one can debate the specifics.  Times change. Last week, the world leader in gene sequencing (Illumina) announced a new sequencing machine that it says will yield a $100 genome within a decade, as described in articles everywhere. For example, see this January 9, 2017… Continue Reading

Finding Cancer Very Early: Grail and Illumina Start Another Year with Another Notable Step Forward

Posted in Asbestos, Cancer, Litigation Industry, Science
One year ago, Illumina announced a stunning goal: find all cancers very early (stage 1 or 2) through use of massive computing power and artificial intelligence to find mutated cells circulating in a small blood sample. The lead backers of the effort are the world leader in gene sequencing (Illumina), Bill Gates and Jeff Bezos… Continue Reading

Swiss Create New Fund to Pay Compensation to Persons with Asbestos Related Diseases

Posted in Asbestos, Asbestos Trusts, International Asbestos, Litigation Industry
As reported by Laurie Kazan Allen at the IBAS web site and in other places, a new fund has been created in Switzerland to pay compensation to persons suffering from asbestos-related diseases. The Swiss Info channel reported the news in a December 19, 2016 online article. The following are excerpts from the article: “A CHF100… Continue Reading

Hartford Closes Out 2016 With $420+ Million Charge for More Asbestos Losses

Posted in Asbestos, Asbestos Bankruptcy, Insurance
As previously predicted by yours truly and other members of a multidisciplinary team, asbestos losses continue to rise for insurance companies. To start 2017, Hartford announced a $423 million charge to expand its coverage from NICO/Resolute.  Note that the price of the coverage is essentially 43 cents on the dollar. That’s notably more expensive than… Continue Reading

2017 May Bring an End to the US Federal Version of the Ancient Document Hearsay Exception

Posted in Asbestos, Comparative Law, Evidence, Litigation Industry, Mass Tort Issues, Science
2016 has been quite the year, and it looks as if 2017 could be quite the year. To close out this year, a link to Nathan Schactman’s December 28, 2016 blog article regarding the likelihood that 2017 will bring an end to the federal rule for the ancient document exception to the hearsay rule. The article… Continue Reading

Fraudulent Conveyance Claims Arising from Shut Down of Company, With Its Lawyers Involved as Investors in Transaction Shutting Down Former Maker of Products Containing Asbestos

Posted in Asbestos, Fraud, Fraudulent Conveyance, Litigation Industry
Another part of the complexity of asbestos litigation lies in the efforts of some to shut down former makers of asbestos containing products, and the work of lawyers and other professionals in those efforts.  A current example arises from a case now on appeal to the Wisconsin Supreme Court. The intermediate appellate opinion in the… Continue Reading

Asbestos Plaintiff Lawyers Move Forward With Lawsuit Targeting The Estate of a Former Partner in a Defense Law Firm as an Alleged Conspirator With Travelers Insurance

Posted in Asbestos, Litigation Industry, Mass Tort Issues
Lawsuits against law firms continue to be part of the increasing complexities of asbestos litigation. A recent example arises from asbestos plaintiffs receiving – after a decade – permission to proceed with a lawsuit against the estate of a former partner at Arter & Hadden, a defense law firm that worked on cases for Combustion… Continue Reading

Health Insurers Seek $19+ Million of Cancer Care Costs from Some Members of the Asbestos Litigation Industry (Six Plaintiff Firms)

Posted in Asbestos, Cancer, Litigation Industry
Mealey’s recently highlighted the latest example of financiers and entrepreneurial claiming creating change in the asbestos litigation industry.  Specifically, Humana Inc., United Healthcare Services Inc. and Aetna Inc. recently took another step in recovering costs of cancer care from at least some members of the asbestos litigation industry; the step involves a recent “subrogation” lawsuit in federal… Continue Reading

Product Liability Defendants Lose Big in California and Texas

Posted in Asbestos, Litigation Industry, Punitives
The last 10 days have been notably adverse for product liability defendants. One big defense side loss arrived through the California Supreme Court’s December 1, 2016 opinion in two consolidated cases involving “take home” exposures to asbestos.  The opinion is described in a December 1, 2016 article by LAW360. To close out the adverse stretch,… Continue Reading

ACI’s 22nd Asbestos Claims & Litigation Forum

Posted in Asbestos, Litigation Industry, Science
ACI’s 22nd Asbestos Claims & Litigation forum, January 12-13 at the Union League of Philadelphia, is an event where law, science, and medicine will intersect to provide practitioners with more clarity and certainty with respect to pressing issues in the asbestos litigation industry. Top reasons to join this year’s conference: 1.    New sessions have been… Continue Reading

Kudos to the Few Who Invest in Molecular Science and Will Be Most Able to Create a Positive Out of the EPA List Naming Asbestos as a Top 10 Candidate for a Complete Ban or other Action

Posted in Asbestos, Cancer, Litigation Industry, Science
It’s not been a good run of days for asbestos defendants and other current and former sellers of alleged toxins. Yesterday,  under the new TSCA legislation, EPA issued its required list of its top 10 substances to investigate for a possible ban or other action.  “Asbestos” made the top 1o list. Not crocidolite. Not amosite.… Continue Reading

Not a Surprise: Projected Asbestos Loss for Insurers Raised by 18% by A.M. Best

Posted in Asbestos, Cancer, Litigation Industry, Science
A projected 18% increase in insurance company asbestos losses was announced yesterday by A.M. Best. Some of us are not surprised. Indeed, over the last two years, some of us wrote and sold two different white papers that explained why insurer losses would be going up (here and here). The white papers, it appears, helped… Continue Reading

Asbestos Defendants Take Another Strong Hit; the Rost Ruling from the Pennsylvania Supreme Court

Posted in Asbestos, Cancer, Litigation Industry
2016 has not been a good year for defendants in asbestos cases. The point has been illustrated several times. A prime example is the Dummit opinion from the New York Court of Appeals; it delivered  “very bad news”  for defendants in asbestos cancer cases, as explained by some smart product liability lawyers.  More bad news… Continue Reading

Resolute Takes a Hit; Amtrak Wins Broad Discovery

Posted in Asbestos, Litigation Industry, Resolute
Resolute’s asbestos claims management is in the gunsights of many, for multiple reasons. Resolute just took a notable discovery hit from Amtrak and Anderson Kill. Specifically, a November 23, 2016 opinion reaffirms and extends prior orders requiring broad production of documents and/or privilege logs. The new opinion and order is  Certain Underwriters at Lloyd’s v.… Continue Reading