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Beryllium exposure not suitable for medical monitoring under Pennsylvania law

Shook Hardy & Bacon LLP
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USA
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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

Attorneys found guilty of fraud in asbestos settlement case

Shook Hardy & Bacon LLP
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USA
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March 18 2010

A federal jury in Natchez, Mississippi, has reportedly ruled that two attorneys will have to pay back $210,000 in settlement funds paid to their clients and $210,000 in punitive damages for alleged fraudulent claims they filed in an asbestos case that settled in 2002

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

Shook Hardy & Bacon LLP
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USA
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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

California jury awards millions for secondhand exposure to asbestos

Shook Hardy & Bacon LLP
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USA
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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

Secondhand asbestos exposure verdict survives appeal

Shook Hardy & Bacon LLP
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USA
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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

Ninth Circuit adopts criteria for granting discretionary review under CAFA

Shook Hardy & Bacon LLP
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USA
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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

Plausibility pleading standard shunned in Tennessee

Shook Hardy & Bacon LLP
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USA
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July 28 2011

Invited to adopt the U.S. Supreme Court’s new plausibility pleading standard in an employment law dispute, the Tennessee Supreme Court has declined to do so, citing the state’s long-standing adherence to the more liberal “notice” pleading standard previously applied in the federal courts

Strict product liability alleged in meat grinder-related mortality

Shook Hardy & Bacon LLP
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USA
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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

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

Shook Hardy & Bacon LLP
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USA
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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

Fired worker seeks SCOTUS review of punitive damages question

Shook Hardy & Bacon LLP
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USA
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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