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Massachusetts Appeals Court affirms judgment for turbine and valve manufacturers because of lack of evidence plaintiff’s mesothelioma was caused or contributed to by any asbestos in their products
- Foley Hoag LLP
- -
- USA
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- April 23 2013
In Whiting v. CBS Corp., 83 Mass. App. Ct. 1113 (Mass. App. Ct. Feb. 14, 2013), plaintiff's husband died from malignant mesothelioma allegedly
United States Supreme Court holds Federal Locomotive Inspection Act preempts entire field of regulating locomotive equipment, including state law claims alleging defective design or failure to warn based on asbestos content
- Foley Hoag LLP
- -
- USA
- -
- April 17 2012
In Kurns v. Railroad Friction Products Corp., 132 S. Ct. 1261 (Feb. 29, 2012), a welder and machinist for a railroad carrier, whose duties included installing brakeshoes on locomotives and stripping insulation from locomotive boilers, alleged he developed malignant mesothelioma thirty years after his retirement from asbestos in the locomotive parts
First Circuit holds expert opinion that benzene causes rare leukemia subtype admissible because applying “Bradford Hill” or “weight of the evidence” criteria to conclude association between benzene and disease was causal is scientifically reliable
- Foley Hoag LLP
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- USA
- -
- April 25 2011
Plaintiffs in Milward v. Acuity Specialty Products Group, Inc., 2011 U.S. App. LEXIS 5727 (1st Cir. Mass. Mar. 22, 2011), sued three chemical companies in the United States District Court for the District of Massachusetts, claiming workplace exposure to their benzene-containing products had caused the plaintiff husband to develop acute promyelocytic leukemia (“APL”
Massachusetts Appeals Court notes, but does not address, admissibility of plaintiff’s expert testimony that “each and every exposure to asbestos” is “substantial contributing factor” to disease
- Foley Hoag LLP
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- USA
- -
- April 25 2011
In Morin v. Autozone Northeast, Inc., et al., 79 Mass. App. Ct. 39 (Mar. 14, 2011), plaintiff’s mother worked over the course of many years in offices near loading bays where her company’s delivery trucks were maintained
Massachusetts Federal District Court holds plaintiff could not prove causation in manufacturing defect suit due to lack of proof alleged defect was caused by manufacturer rather than plaintiff’s employer
- Foley Hoag LLP
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- USA
- -
- January 31 2011
In Brown v. Husky Injection Molding Systems, Inc., 2010 WL 4638761 (D. Mass. Nov. 17, 2010), a worker injured his hand when he reached into an injection molding machine that was not equipped with the standard “front pulley guard” on its frame
Massachusetts Federal District Court remands asbestos failure-to-warn claims to state court
- Foley Hoag LLP
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- USA
- -
- October 13 2009
In Holdren v. Buffalo Pumps, Inc., 614 F. Supp. 2d 129 (D. Mass. 2009), plaintiffs sued numerous manufacturers in Massachusetts Superior Court claiming failure to warn of dangers associated with asbestos and asbestos-containing products
