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Every breath theory: on its last breaths?

Duane Morris LLP
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USA
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January 22 2013

The "every breath," or cumulative exposure opinion, has been proffered by plaintiffs' experts in asbestos cases to prove specific causation

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

Duane Morris LLP
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USA
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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

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

Duane Morris LLP
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USA
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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

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

Duane Morris LLP
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USA
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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

Two-disease rule no more: Pennsylvania allows multiple malignancy

Duane Morris LLP
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USA
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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

Philadelphia Common Pleas Court issues general court regulation on mass tort and asbestos programs

Duane Morris LLP
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USA
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February 23 2012

On February 15, 2012, the Philadelphia Court of Common Pleas issued General Court Regulation No. 2012-01, significantly altering the protocol governing mass tort cases

Supreme Court orders Ninth Circuit to revisit preemption ruling against generic OTC ibuprofen manufacturer

Duane Morris LLP
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USA
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November 2 2011

During its October 28, 2011, conference, the U.S. Supreme Court remanded to the Ninth Circuit its ruling denying federal preemption to a generic manufacturer of ibuprofen to be reassessed in light of the Court's Mensing decision last term

U.S. Supreme Court reaffirms stringent test for general jurisdiction over foreign manufacturers

Duane Morris LLP
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USA
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June 30 2011

In Goodyear Dunlop Tires Operations, S.A. v. Brown,1 decided on June 27, 2011, a unanimous U.S. Supreme Court reaffirmed the distinction between general and specific jurisdiction, holding that certain foreign subsidiaries of tire manufacturer Goodyear Tire and Rubber Company ("Goodyear USA") were not subject to personal jurisdiction in North Carolina to defend products liability claims arising from a bus accident in France, allegedly caused by a defective tire manufactured and sold by non-U.S. entities of Goodyear

New Pennsylvania law limits joint and several liability

Duane Morris LLP
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USA
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June 29 2011

On June 28, 2011, Pennsylvania Gov. Tom Corbett signed into law Senate Bill 1131; and in doing so, the future of joint and several liability in Pennsylvania was reduced to a list of exceptions

U.S. Supreme Court holds that state-law-based failure-to-warn claims are federally preempted against generic drug manufacturers

Duane Morris LLP
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USA
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June 23 2011

On June 23, 2011, the U.S. Supreme Court issued a decision in Pliva, Inc. v. Mensing,1 holding that state-law claims against generic drug manufacturers are federally preempted pursuant to the Supremacy Clause of the U.S. Constitution

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