San Francisco trial court is first California court to adopt the Wallace & Gale approach to asbestos operations claims *

USA - February 14 2013
In what is the first trial court ruling in California on the issue, to our knowledge, the San Francisco Superior Court on January 31, 2013 issued a…

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The California Supreme Court will take another look at Henkel *

USA - January 9 2013
On December 12, 2012, the California Supreme Court granted review in Fluor Corporation v. Superior Court (2012) 208 Cal.App.4th 1506, previously…

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The California Supreme Court makes clear assumption of risk applies to more than just sports *

USA - January 9 2013
On December 31, 2012, the California Supreme Court issued its decision in Nalwa v. Cedar Fair, L.P., __Cal.4th __ (No. S195031 December 31, 2012)…

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The California Court of Appeal says nice try to attempt to overturn the California Supreme Court’s Henkel decision based on an 1872 statute *

USA - September 6 2012
On August 30, 2012, Division Three of the California Court of Appeal for the Fourth District put to rest a new argument devised by policyholders to attack the California Supreme Court’s seminal consent-to-assignment ruling in Henkel Corp. v. Hartford Acc. & Indem. Co., 29 Cal.4th 934 (2003).

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Was the Wallace & Gale holding rejected in the API case? *

USA - August 21 2012
Some policyholders cite the Minnesota trial court decision in St. Paul Fire and Marine vs. A.P.I. Inc. (Minn. Dist. Court, Ramsey County, No. C9-02-8084, J. Finley Order dated May 13, 2004) as rejecting the Fourth Circuit’s holding in In re Wallace & Gale Co., 385 F.3d 820 (4th Cir. 2004).

Co-authors: Andrew E. Mishkin.

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