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Results: 1-10 of 18

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


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


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


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


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


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


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


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


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