Pump manufacturer Nash Engineering Company appears to have recently become the latest casualty of asbestos litigation. On October 19, 2021, Nash Engineering filed for Chapter 7 bankruptcy in the United States Bankruptcy Court for the District of Connecticut. If Nash Engineering’s petition for relief is approved, this will spell the end of the 100-year-old corporation. Nash Engineering now joins a list of more than 60 other companies that have been forced to declare bankruptcy due to the burden of their asbestos-related liabilities.
Continue Reading Is Nash Engineering the Latest Company Bankrupted by Asbestos Litigation?

On September 21, 2021, in Cooper Tire & Rubber Company v. McCall, the Georgia Supreme Court reaffirmed the broad holding that any corporation registered to do business in Georgia is subject to general personal jurisdiction in Georgia courts. This expansive interpretation, especially in light of recent United States Supreme Court jurisprudence, was handed down despite growing concern about a corporate defendant’s federal rights under the Due Process Clause of the Fourteenth Amendment of the United States Constitution.
Continue Reading Georgia Supreme Court Reaffirms Consent by Registration Theory of Personal Jurisdiction

Utah’s Supreme Court recently issued an opinion which dramatically expands premise owners’ liability for asbestos-related injuries. On August 5, 2021, the Court reversed Utah’s Court of Appeals and held that a lawsuit could proceed against two premises owners on the theory that asbestos dust from their facilities was brought home on the clothing of a non-employee contractor, causing his spouse to develop mesothelioma. For the first time, premises owners or operators may be liable for injuries alleged by anyone living under the same roof as one of their former contractors.
Continue Reading Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs

The Iowa Court of Appeals recently affirmed summary judgment for both a premises owner and an installer of asbestos products pursuant to Iowa Code 686B.7(5) (2017), which provides that a defendant in an asbestos action “shall not be liable for exposures from a product or component part made or sold by a third party.”  Beverage v. Alcoa, Inc., No. 19-1852, slip op. (Iowa Ct. App. March 17, 2021).  The Plaintiffs brought suit on behalf of Mr. Beverage, who worked as an independent contractor at an Alcoa aluminum plant around asbestos-containing insulation installed by IITI.  Alcoa and IITI, the only two defendants, filed motions for summary judgment claiming that Section 686B.7(5) provided them with immunity from Plaintiffs’ lawsuit.  The district court granted both Alcoa and IITI’s motions for summary judgment.  On appeal, Plaintiffs argued that the district court erred in granting immunity to Alcoa and IITI by incorrectly interpreting Section 686B.7(5).
Continue Reading Iowa Court of Appeals Affirms Summary Judgment in Asbestos Litigation

The statute of limitations on asbestos claims was recently reevaluated by the Minnesota Supreme Court. In Palmer v. Walker Jamal Company, the court reinforces that the clock begins when the plaintiff learns they have an asbestos-related disease, rather than when they identify a specific product as a potential cause.
Continue Reading Statute of Limitations on Asbestos Claims: MN Supreme Court Reinforces

In June, the New Jersey Supreme Court affirmed a 2018 Appellate Division ruling holding that manufacturers and distributors can be held strictly liable for damages caused by third party replacement parts containing asbestos.
Continue Reading Manufacturers Liable for Third Party Replacement Parts Says NJ Supreme Court

Personal jurisdiction over a foreign corporation was asserted by The Minnesota Court of Appeals in a recent asbestos case. The court found that the company’s former asbestos-tile factory in the state provided sufficient minimum contacts for specific personal jurisdiction.
Continue Reading Personal Jurisdiction Over Foreign Corporation Asserted By Minnesota Court of Appeals

A pending amendment to Rule 30(b)(6) of the Federal Rules of Civil Procedure obligates parties to “meet and confer” regarding subject matters for examination. Adopted and submitted to Congress by the U.S. Supreme Court in April, this good faith conferral serves to clarify matters for examination and facilitates collaborative efforts. If Congress does not reject, modify, or defer the amendment by December 1, it will become effective immediately.

Continue Reading Pending Amendment to Rule 30(b)(6) Includes Meet and Confer Obligation

Proximate cause jury instruction was further clarified by a Washington appellate court when the court reversed the asbestos defense verdict in Clevenger v. John Crane, Inc. In the case, plaintiff Era Clevenger alleged that her deceased husband’s forty-year history of occupational exposure to asbestos (in the Navy, as a city water department mechanic, and as a pipefitter) resulted in his death.
Continue Reading Toxic Tort Monitor: Proximate Cause Jury Instruction Further Clarified by Washington Appellate Court

Mallet, legal code and scales of justice. Law concept, studio shotsIn July, a Delaware Superior Court judge ordered affidavits of a deceased plaintiff admitted under the residual exception to hearsay, finding that the affidavits were sufficiently trustworthy for purposes of admissibility under D.R.E. 807.

Continue Reading Toxic Tort Monitor: Affidavits of Deceased Plaintiff Admitted Under Residual Exception to Hearsay