Every breath theory: on its last breaths? *

USA - January 22 2013
The "every breath," or cumulative exposure opinion, has been proffered by plaintiffs' experts in asbestos cases to prove specific causation…

Co-authors: Alyson Walker Lotman, Erin M. Carter.

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Third Circuit ruling affords defendants protection from amended complaints after statute of limitations runs out *

USA - September 10 2012
The U.S. Court of Appeals for the Third Circuit limited plaintiffs' ability to add claims to a complaint under the relation back provision of Federal Rule of Civil Procedure 15(c) in Glover v. FDIC, No. 11-3382 (Sept. 5, 2012).

Co-authors: Alyson Walker Lotman.

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"Every breath" of asbestos is not a substantial factor in Pennsylvania *

USA - May 25 2012
The Pennsylvania Supreme Court unanimously found that plaintiffs cannot rely on the theory that "every breath" is a substantial contributing factor in causing an asbestos-related disease in an asbestos case involving friction exposures, i.e., brakes and clutches.

Co-authors: Robert L. Byer.

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Fifth Circuit concludes that U.S. Supreme Court's "fraud-on-the-FDA" federal preemption precedent has broad application *

USA - March 2 2012
On February 22, 2012, the U.S. Court of Appeals for the Fifth Circuit unanimously affirmed the U.S. District Court for the Northern District of Texas' granting of a defendant drug manufacturer’s motion for summary judgment on all claims, including the plaintiffs' failure-to-warn claims, in Lofton v. McNeil Consumer & Specialty Pharmaceuticals, No. 10-10956, slip op. (5th Cir. Feb. 22, 2012).

Co-authors: Paul M. da Costa.

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Two-disease rule no more: Pennsylvania allows multiple malignancy *

USA - February 24 2012
In a decision that impacts all asbestos defendants, the Pennsylvania Supreme Court held that the so-called "two-disease" rule allows plaintiffs in asbestos cases to file multiple malignancy claims.

Co-authors: Alyson B. Walker .

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