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Attorneys found guilty of fraud in asbestos settlement case
- Shook Hardy & Bacon LLP
- -
- USA
- -
- 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
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
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
Plausibility pleading standard shunned in Tennessee
- Shook Hardy & Bacon LLP
- -
- USA
- -
- 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
- -
- 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
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
Second Circuit rules failure to institute “litigation hold” does not constitute gross negligence per se
- Shook Hardy & Bacon LLP
- -
- USA
- -
- July 19 2012
In the context of an employment discrimination dispute, the Second Circuit Court of Appeals has determined that a district court did not abuse its discretion in denying an adverse inference instruction despite the defendant’s failure to preserve personnel files after receiving notice of the plaintiffs’ Equal Employment Opportunity charge in 2001
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
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
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
