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Results: 1-10 of 16

Ninth Circuit adopts criteria for granting discretionary review under CAFA

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 9 2010

In the context of an employment law dispute, the Ninth Circuit Court of Appeals has established the criteria it will consider in determining whether to grant an appeal of an order remanding a putative class action to state court under the Class Action Fairness Act (CAFA

Fifth Circuit upholds fraud verdict and damages against asbestos plaintiffs’ counsel

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 14 2012

A divided Fifth Circuit Court of Appeals panel has affirmed a judgment against two lawyers on claims of fraud and breach of the duty of good faith and fair dealing; their alleged misrepresentations purportedly induced the plaintiff to settle asbestos exposure claims filed by its former employees

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

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

California jury awards millions for secondhand exposure to asbestos

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 13 2010

A California state jury has reportedly awarded compensatory and punitive damages in excess of $200 million to Bobby and Rhoda Evans for the mesothelioma that Rhoda allegedly contracted from washing her husband's work clothes; he was allegedly exposed to asbestos on the job for some 24 years

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

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

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