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Results: 1-10 of 16

FDA seeks dismissal of whistleblower retaliation claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 11 2012

In an ongoing dispute between scientists critical of the Food and Drug Administration’s (FDA’s) medical-device review process, FDA has sought to dismiss claims of adverse employment action allegedly taken in retaliation for whistleblowing

Strict product liability alleged in meat grinder-related mortality

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 8 2012

The family of a man allegedly killed while he was cleaning and maintaining a meat grinder in his place of employment has sued the equipment’s manufacturer, claiming that it was unsafe because it lacked a warning signal to signify that “it was powered on and about to start operating” as well as an emergency stop device

State trial court sanctions defense counsel for late objection to late-filed expert report in mesothelioma litigation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 24 2012

A Delaware trial court has allowed the widow of a man, who allegedly contracted mesothelioma from workplace exposure to talc, to use at trial an expert report filed after a discovery deadline; the report purportedly links the talc in the decedent’s lungs to the substance mined and processed by the defendant

Secondhand asbestos exposure verdict survives appeal

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 16 2010

A New Jersey appellate court has upheld a $7 million jury award to a woman who allegedly developed mesothelioma, in part, from exposure to the asbestos on her husband's clothing, which she purportedly shook out before laundering

Illinois Supreme Court allows further development of secondhand asbestos injury theory

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 5 2012

A divided Illinois Supreme Court has decided that a plaintiff has insufficiently pleaded that an employer owed a duty of care to a woman who died from mesothelioma after purportedly being exposed to asbestos on her husband’s clothing from 1958 to 1964

New judge, new jury: Union Carbide escapes liability in asbestos exposure re-trial

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 10 2012

Following a successful challenge before the Mississippi Supreme Court to the alleged partiality of the judge who presided over its first trial, which resulted in a $322-million verdict, Union Carbide has won its second trial in an asbestos exposure lawsuit

Beryllium exposure not suitable for medical monitoring under Pennsylvania law

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 24 2010

The Third Circuit Court of Appeals has determined that nearby residents and workers at Pennsylvania factories that allegedly exposed them to beryllium cannot seek medical monitoring

Fired worker seeks SCOTUS review of punitive damages question

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 19 2012

A former UPS employee who alleges retaliatory discharge has filed a petition for certiorari, seeking U.S. Supreme Court review of a Tenth Circuit decision overturning as excessive a jury’s $2 million punitive damages award

Ohio Supreme Court limits premises owner’s liability in asbestos exposure case

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 24 2010

The Ohio Supreme Court has determined that, under a state law applicable to all tort actions for asbestos claims brought against a premises owner, the wife of a pipefitter who brought asbestos dust on his clothes into the home for 10 years cannot sue the owner of the property where the pipefitter worked

Illinois courts to stop reserving asbestos trial dates for cases not yet filed

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 5 2012

According to a news source, Madison County, Illinois, Associate Judge Clarence Harrison has decided that trial dates will no longer be reserved for asbestos cases that have not yet been filed