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

Toxic Tort Monitor

November 12, 2018 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden
New Developments
Federal Court in Washington Holds Risks of Take-Home Asbestos Exposure Were Not Foreseeable Prior to 1955
By Paul Cranley

In a recent decision of the U.S. District Court for the Western District of Washington, the court held that the dangers of

The proverbial hacksaw inside a prisoner’s birthday cake has been supplanted by a new technological trend for bringing contraband into the jailhouse – Unmanned Aircraft Systems (“UAS”). As early as 2015, a fight broke out at the Mansfield Correctional Institution in Ohio when a drone carrying tobacco, marijuana, and heroin crashed into a yard inside the facility. That same year, a drone trafficking hacksaw blades, a cellphone, and Super Glue crashed into a maximum security prison in Oklahoma. Similar plots have been attempted in more than a dozen states nationwide, leading states like North Carolina, Tennessee, and Texas to ban drone flights over correctional facilities. Perhaps to save us from another pre-emption fight over UAS operational restrictions, the federal government is now following suit.

Continue Reading FAA Adds to No-Fly Zones for Drones After Prisoners Smuggle Drugs, Weapons Through the Skies