Defending Take-Home Exposure Cases Duty in the Context of Premises and Employer Liability

Size: px
Start display at page:

Download "Defending Take-Home Exposure Cases Duty in the Context of Premises and Employer Liability"

Transcription

1 Defending Take-Home Exposure Cases Duty in the Context of Premises and Employer Liability Presented by Deborah K. St. Lawrence Thompson, Counsel Miles & Stockbridge, P.C. Baltimore, Maryland September 16, 2010 September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 1

2 Household Exposure Cases Take Home Household Bystander Second-Hand Secondary September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 2

3 Who Are the Bystanders? The most common occupation of those now contracting mesothelioma is the housewife An increasing number of plaintiffs are the children of those who worked with asbestos Their grandchildren are also increasingly common plaintiffs. (See Price case (2006), Farrar case (2009)) September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 3

4 Do Employers Owe a Duty to Employees Families? A majority of jurisdictions have held that claimants who never set foot on the premises of asbestos manufacturing plant cannot bring premises liability claims. See R.I. Toxic Tort and Environmental Law Newsletter, Winter September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 4

5 State by State: Courts Look at Employers Duty to Take Home Claimants September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 5

6 Courts Are Split on Employers Duty to Plaintiffs Claiming Take-Home Exposure September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 6

7 Employer Liability NO DUTY JURISDICTIONS Delaware Riedel v. ICI Americas, Inc., 2009 WL (Mar. 4, 2009) Kentucky Michigan Ohio Texas* Martin v. Cincinnati Gas & Elec. Co., et al., 2009 WL (6th Cir. 2009) In re Certified Question from 14 th Dist. Ct of App. of Texas, (Miller, et al., v. Ford Motor Co.), 740 N.W.2d 206 (July 2007) Boley, et al. v. Goodyear & Co., 8 th Dist. No (Ohio 2009) Exxon Mobil Corp. v. Altimore, No CV, 2007 WL (April 19, 2007) (leaving open the possibility, without expressly deciding, that an employer/premises owner would have had knowledge after 1972) Washington Rochon v. Saberhagen Holdings, Inc., 140 Wash.App (Wash. Ct. App., Div ) September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 7

8 Employer Liability DUTY JURISDICTIONS California Illinois* Louisiana New Jersey Tennessee September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 8

9 Riedel v. ICI Americas, Inc. 968 A.2d 17 (Del. Super. 2009) Wife alleged defendant Employer was negligent in failing to warn OR prevent Employee from bringing home asbestos fibers on work clothes during his employment from DELAWARE Supreme Court affirmed summary judgment in favor of Employer holding where allegations are based upon purported failure to act, Employer cannot be held liable absent the existence of a special relationship between claimant and Employer Court explicitly declined to adopt any section of the Rest. 3d of Torts Foreseeability is not the only factor September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 9

10 Simpkins v. CSX Corp., et al. 5th App. Dist. Ill. No WL (June 10, 2010) Claim filed by wife of Employee against Employer Circuit court dismissed claim ILLINOIS Appellate court found Employer owed a duty of care to family members of Employee because under Illinois law, the existence of a duty depends on whether the parties stand in such a relationship to each other that the law imposes upon the defendant an obligation to act in a reasonable manner for the benefit of the plaintiff. September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 10

11 Simpkins v. CSX Corp., et al. 5th App. Dist. Ill. No WL (June 10, 2010) Appellate court considered 4 factors: Foreseeability of harm; Likelihood of injury; Magnitude of burden on Defendant; and Consequences of placing such burden on Defendant While we do not expressly limit the duty to immediate family members, we decide today only that employers owe the immediate families of their employees a duty to protect against take-home asbestos exposure. September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 11

12 Premises Liability NO DUTY JURISDICTIONS Delaware Riedel v. ICI Americas, Inc., 2009 WL (Mar. 4, 2009) Georgia CSX Transp., Inc. v. Williams, 608 S.E.2d 208 (Ga. Jan. 2005) Illinois Nelson v. Aurora Equipment Co., 2009 WL (May 29, 2009) Iowa Van Fossen v. MidAmerican Energy Co., 777 N.W.2d 689 (Nov. 13, 2009) Kentucky Martin v. Cincinnati Gas & Elec. Co., et al., 2009 WL (6th Cir. 2009) Maryland Adams v. Owens-Illinois, Inc., 705 A.2d 58 (Md. Ct. App. 1998) New York Holdampf v. A C & S, et al., 840 N.E.2d 115 (N.Y. 2005) Ohio Adams v. Goodyear Tire & Rubber Co., 233 Oh. St. 3d (8th Dist. 2009) Texas* Washington Exxon Mobil Corp. v. Altimore, No CV, 2007 WL (April 19, 2007) Rochon v. Saberhagen Holdings, Inc., 140 Wash.App (Wash. Ct. App., Div ) September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 12

13 Premises Liability DUTY JURISDICTIONS California Louisiana September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 13

14 Adams v. Owens-Illinois, Inc. 705 A.2d 58 (Md. Ct. App. 1998) MARYLAND Court of Appeals held that there is no duty of care to a wife who was exposed to asbestos that her husband allegedly brought home on his clothing Wife never set foot on premises and had no relationship to or with premises owner, as such wife was a mere stranger Holding otherwise would impose a broad duty that would necessarily extend to other strangers who similarly had no relationship with premises owner, such as those sharing a ride to work or other relatives of Employee September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 14

15 Adams v. Owens-Illinois, Inc. 705 A.2d 58 (Md. Ct. App. 1998) BUT Court noted under same facts, outcome would have been different in a strict liability action, because [w]ith regard to strict liability, if a product is defective when sold by a manufacturer... and if the product reaches the plaintiff without substantial change, middlemen or other intermediate sellers of the defective product are strictly liable to the plaintiff, just as the manufacturer is liable to the plaintiff. September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 15

16 Olivo v. Owens-Illinois, Inc. 895 A.2d 1143 (N.J. Apr. 2006) NEW JERSEY Supreme Court upheld reversal of summary judgment in favor of premises owner due to foreseeability that asbestos might be carried home on the clothing of one working in vicinity of it Court held the risk reasonably to be perceived defines the duty to be obeyed. Court weighed the following factors after determining that risk was foreseeable: Relationship of parties; Nature of risk; Opportunity and ability to exercise care; and The public interest September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 16

17 Factors to Consider Type of Claim Asserted Premises Liability Negligence Strict Liability Foreseeability Who knew what and when? September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 17

18 Manufacturers Liability Depending on the cause of action, the relationship of the parties could be significant. In the context of product liability actions against manufacturers, for example, a strict liability claim will render the relationship irrelevant, because a strict liability claim sounds in tort, and no privity of contract is required. September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 18

19 Discovery Alleged Exposure Period Has Jurisdiction Established a Date for Notice? Government Contract Involved? September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 19

20 Special Challenges at Trial Nature of Plaintiffs Innocent Victims Spouses (usually women) Children Grandchildren Completely unaware of risk of asbestos OR risk of exposure Plaintiffs tend to be younger than past plaintiffs September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 20

21 Special Challenges at Trial Alternative Exposure Difficult to ascertain No employment history suggesting exposure Little or no alternative environmental exposure Usually chrysotile exposure, if any Type of mesothelioma - pleural vs. peritoneal September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 21

22 Special Challenges at Trial Employee Accountability is Difficult Juries disregard Employee s contributory negligence or comparative fault September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 22

23 Special Challenges at Trial Industrial Hygiene Ascertaining Quantity and Dose of exposure is difficult Ascertaining exposure level of Employee is difficult Entrainment September 16, 2010 Defending ʺTake Homeʺ Exposure Cases, HB Asbestos Teleconference, Presented by Deborah K. St. Lawrence Thompson 23

TAKE-HOME PREMISES LIABILITY ASBESTOS EXPOSURE CLAIMS -- 2009 UPDATE. by Carter E. Strang and Karen E. Ross

TAKE-HOME PREMISES LIABILITY ASBESTOS EXPOSURE CLAIMS -- 2009 UPDATE. by Carter E. Strang and Karen E. Ross TAKE-HOME PREMISES LIABILITY ASBESTOS EXPOSURE CLAIMS -- 2009 UPDATE by Carter E. Strang and Karen E. Ross INTRODUCTION Take home liability continues to generate new plaintiffs, cases, and case law. As

More information

Rise or Demise of Take-Home Asbestos Exposure Claims? California Supreme Court Set to Weigh In on Debate. Jeffrey M. Pypcznski Pamela R.

Rise or Demise of Take-Home Asbestos Exposure Claims? California Supreme Court Set to Weigh In on Debate. Jeffrey M. Pypcznski Pamela R. Rise or Demise of Take-Home Asbestos Exposure Claims? California Supreme Court Set to Weigh In on Debate Jeffrey M. Pypcznski Pamela R. Kaplan For years, practitioners and courts in several jurisdictions

More information

Take-Home Premises Liability Asbestos Exposure Claims 2013 Update

Take-Home Premises Liability Asbestos Exposure Claims 2013 Update JUNE 2014 Raising the Bar in Asbestos Litigation PAGE 4 Take-Home Premises Liability Asbestos Exposure Claims 2013 Update A Commentary by Carter E. Strang, Karen E. Ross, and Madeline Van Gunten of Tucker

More information

MEMORANDUM. Preface. Brief Answer

MEMORANDUM. Preface. Brief Answer MEMORANDUM From: Mitchell S. Cohen, Esquire Re: Decisions Governing the Issue of Secondary Exposure Asbestos Cases in the Commonwealth of Pennsylvania and States of New Jersey and New York Date: 11 November

More information

Duty To Warn For Other Manufacturers' Products?

Duty To Warn For Other Manufacturers' Products? Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com Duty To Warn For Other Manufacturers' Products?

More information

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

IN THE SUPREME COURT OF THE STATE OF ILLINOIS 2012 IL 110662 IN THE SUPREME COURT OF THE STATE OF ILLINOIS (Docket No. 110662) CYNTHIA SIMPKINS, Appellee, v. CSX TRANSPORTATION, INC., Appellant. Opinion filed March 22, 2012. JUSTICE GARMAN delivered

More information

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN RE: ASBESTOS LITIGATION : : Limited to: : Olson, Arland : C.A. No. 09C-12-287 ASB UPON DEFENDANT CBS CORPORATION S MOTION

More information

Construction Negligence and Toxic Torts

Construction Negligence and Toxic Torts Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 18, Number 4 (18.4.56) Product Liability By: James W. Ozog and Staci A. Williamson Wiedner

More information

A Bad Moon on the Rise? The Development of Liability for Secondary Exposure To Asbestos

A Bad Moon on the Rise? The Development of Liability for Secondary Exposure To Asbestos Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 22, Number 3 (22.3.15) Feature Article By: Donald Patrick Eckler and Paul A. Ruscheinski

More information

COMPARATIVE NEGLIGENCE RULES & BI/PD STATUTES OF LIMITATIONS

COMPARATIVE NEGLIGENCE RULES & BI/PD STATUTES OF LIMITATIONS COMPARATIVE NEGLIGENCE RULES & BI/PD STATUTES OF LIMITATIONS This survey of state laws is a quick reference guide that should only be used as a starting point in researching the applicable law to a given

More information

Recent Developments in Asbestos Litigation

Recent Developments in Asbestos Litigation Recent Developments in Asbestos Litigation Richard O. Faulk Chair, Litigation Department Gardere Wynne Sewell LLP Houston, Dallas, Austin, Mexico City rfaulk@gardere.com Do You Know This Man? Dickie Scruggs:

More information

In the Indiana Supreme Court

In the Indiana Supreme Court ATTORNEYS FOR PLAINTIFF ATTORNEYS FOR DEFENDANT ATTORNEYS FOR AMICI CURIAE David V. Scott Nelson D. Alexander Indiana Legal Foundation, Inc. New Albany, Indiana Kevin C. Schiferl Peter J. Rusthoven Maggie

More information

INVESTIGATIONS GONE WILD: Potential Claims By Employees

INVESTIGATIONS GONE WILD: Potential Claims By Employees INTRODUCTION INVESTIGATIONS GONE WILD: Potential Claims By Employees By: Maureen S. Binetti, Esq. Christopher R. Binetti, Paralegal Wilentz, Goldman & Spitzer, P.A. When can the investigation which may

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-01365-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-01365-CV REVERSE and REMAND; and Opinion Filed April 3, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01365-CV UNITED MEDICAL SUPPLY COMPANY, INC., Appellant V. ANSELL HEALTHCARE PRODUCTS,

More information

Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims

Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims Presenting a live 90-minute webinar with interactive Q&A Allocating Defense Costs Among Multiple Insurers and Between Covered and Uncovered Claims Methods of Allocation Among Insurers and Allocation to

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE Filed 6/3/14 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE JOSHUA HAVER et al., Plaintiffs and Appellants, v. B246527 (Los Angeles

More information

Unintentional Torts - Definitions

Unintentional Torts - Definitions Unintentional Torts - Definitions Negligence The failure to exercise the degree of care that a reasonable person would exercise that results in the proximate cause of actual harm to an innocent person.

More information

A summary and analysis of Borg-Warner is attached.

A summary and analysis of Borg-Warner is attached. According to Andrew Schirrmeister, plaintiffs lawyers specializing in toxic tort litigation are scrambling. On June 8, 2007, in Borg-Warner Corp. v. Flores, 1 the Texas Supreme Court issued a significant

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE Filed 11/21/14 Beckering v. Shell Oil Co. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not

More information

The Effect of Asbestosis Exclusions October 20, 2014

The Effect of Asbestosis Exclusions October 20, 2014 The Effect of Asbestosis Exclusions October 20, 2014 Andrew S. Lewner Does this exclusion bar all bodily injury claims resulting from exposure to asbestos? In consideration of the premium charged it is

More information

Asbestos Liability Unlikely For Replacement Parts

Asbestos Liability Unlikely For Replacement Parts Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com Asbestos Liability Unlikely For Replacement

More information

PRODUCT LIABILITY INSTRUCTIONS. Introduction

PRODUCT LIABILITY INSTRUCTIONS. Introduction Introduction The RAJI (CIVIL) 5th Product Liability Instructions refer only to manufacturers and sellers. These instructions should be expanded when appropriate to include others in the business of placing

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 11-13737. D.C. Docket Nos. 8:10-cv-02360-VMC ; 8:90-bk-10016-PMG

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 11-13737. D.C. Docket Nos. 8:10-cv-02360-VMC ; 8:90-bk-10016-PMG Case: 11-13737 Date Filed: 11/06/2012 Page: 1 of 6 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 11-13737 [DO NOT PUBLISH] D.C. Docket Nos. 8:10-cv-02360-VMC ; 8:90-bk-10016-PMG In

More information

Choice of Law Governing Asbestos Claims

Choice of Law Governing Asbestos Claims Choice of Law Governing Asbestos Claims By David T. Biderman and Judith B. Gitterman Choice of law questions in asbestos litigation can be highly complex. The court determining choice of law must often

More information

Lung Cancer Asbestos. Defenses, and Strategies. The National Forum for Environmental and Toxic Tort Issues Conference.

Lung Cancer Asbestos. Defenses, and Strategies. The National Forum for Environmental and Toxic Tort Issues Conference. Lung Cancer Asbestos Update: Recent Trends, Defenses, and Strategies The National Forum for Environmental and Toxic Tort Issues Conference October 9, 2014 Daniel L. Jones Columbus, Ohio Daniel.jones@dinsmore.com

More information

LITIGATION OF PRODUCTS LIABILITY CASES IN EXOTIC FORUMS - PUERTO RICO. Francisco J. Colón-Pagán 1

LITIGATION OF PRODUCTS LIABILITY CASES IN EXOTIC FORUMS - PUERTO RICO. Francisco J. Colón-Pagán 1 LITIGATION OF PRODUCTS LIABILITY CASES IN EXOTIC FORUMS - PUERTO RICO By Francisco J. Colón-Pagán 1 I. OVERVIEW OF PUERTO RICO LEGAL SYSTEM A. Three branches of government B. Judicial Branch 1. Supreme

More information

NO. 5-07-0346 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

NO. 5-07-0346 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 06/10/10. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the NO. 5-07-0346 IN THE APPELLATE COURT OF ILLINOIS disposition

More information

Premises Liability How Far Does the Duty Extend?

Premises Liability How Far Does the Duty Extend? Premises Liability How Far Does the Duty Extend? Sandra F. Clark MehaffyWeber PC 2615 Calder Ste 800 Beaumont, TX 77702 C. Paul Cavender Burr & Forman LLP 420 N 20th St Ste 3400 Birmingham, AL 35203 Jeanne

More information

Case 2:06-cv-10929-LMA-DEK Document 23 Filed 01/29/07 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA. versus No.

Case 2:06-cv-10929-LMA-DEK Document 23 Filed 01/29/07 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA. versus No. Case 2:06-cv-10929-LMA-DEK Document 23 Filed 01/29/07 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JOYCE HAMPTON, ET AL. CIVIL ACTION versus No. 06-10929 OWENS-ILLINOIS, ET AL.

More information

ILLINOIS LAW MANUAL CHAPTER VI OTHER CAUSES OF ACTION

ILLINOIS LAW MANUAL CHAPTER VI OTHER CAUSES OF ACTION If you have questions regarding Product Liability, please contact Bruce Schoumacher via bschoumacher@querrey.com www.querrey.com 2012 Querrey & Harrow, Ltd. All rights reserved. B. PRODUCT LIABILITY ILLINOIS

More information

Vehicle Black Boxes. With every aviation accident involving an aircraft of sufficient

Vehicle Black Boxes. With every aviation accident involving an aircraft of sufficient Mary Ellen Morris Miller & Martin PLLC 1200 One Nashville Place 150 Fourth Avenue, North Nashville, Tennessee 37219-2433 Vehicle Black Boxes With every aviation accident involving an aircraft of sufficient

More information

Product Liability. Product Liability and Conflict of Laws

Product Liability. Product Liability and Conflict of Laws Product Liability By: James W. Ozog Wiedner & McAuliffe, Ltd Chicago. Product Liability and Conflict of Laws Townsend v. Sears Roebuck & Co., No. 1-05-4045, 2006 WL 3228815 (1 st Dist., November 8, 2006.)

More information

Cardelli Lanfear P.C.

Cardelli Lanfear P.C. Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 06-3814 EMRETTA HINMAN; WILLIAM HINMAN,

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 06-3814 EMRETTA HINMAN; WILLIAM HINMAN, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NOT PRECEDENTIAL No. 06-3814 EMRETTA HINMAN; WILLIAM HINMAN, v. M.D. JOSEPH DELLO RUSSO; NEW JERSEY EYE CENTER; JOHN DOES 1-10; ABC CORPORATIONS 1-10

More information

57 of 62 DOCUMENTS. No. 5-984 / 05-0037 COURT OF APPEALS OF IOWA. 2006 Iowa App. LEXIS 172. March 1, 2006, Filed

57 of 62 DOCUMENTS. No. 5-984 / 05-0037 COURT OF APPEALS OF IOWA. 2006 Iowa App. LEXIS 172. March 1, 2006, Filed Page 1 57 of 62 DOCUMENTS JAMES C. GARDNER, JR., Plaintiff-Appellant, vs. HEARTLAND EXPRESS, INC., and NATIONAL UNION FIRE INSURANCE COMPANY, Defendants-Appellees. No. 5-984 / 05-0037 COURT OF APPEALS

More information

An action brought against an attorney alleging negligence in the practice of

An action brought against an attorney alleging negligence in the practice of 5.51 LEGAL MALPRACTICE (Approved 6/79) CHARGE 5.51A Page 1 of 9 A. General Duty Owing An action brought against an attorney alleging negligence in the practice of law is referred to as a malpractice action.

More information

APPENDIX 4. A. State Courts. Alaska Superior Court. Alabama Court of Criminal Appeals Alabama Circuit Court. Arizona Superior Court

APPENDIX 4. A. State Courts. Alaska Superior Court. Alabama Court of Criminal Appeals Alabama Circuit Court. Arizona Superior Court APPENDIX 4 COURT ABBREVIATIONS This appendix contains abbreviations for federal courts. Abbreviations for state courts can be developed by consulting Appendix 1 and Rule 2 concerning abbreviations and

More information

Amy S. Harris Shareholder

Amy S. Harris Shareholder Shareholder Amy Harris joined Macdonald Devin in 1989 and represents clients in state and federal trial and appellate courts, primarily in insurance defense litigation and insurance coverage. She has served

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 HOWARD A. SCOTT, EXECUTOR OF IN THE SUPERIOR COURT OF THE ESTATE OF ALBERT L. SCOTT, PENNSYLVANIA DECEASED AND LAVERNE SCOTT, IN HER OWN RIGHT,

More information

Georgia Pacific, LLC, f/k/a Georgia-Pacific Corporation v. Farrar No. 102, September Term 2012, Opinion by Wilner. J. (Retired, Specially Assigned)

Georgia Pacific, LLC, f/k/a Georgia-Pacific Corporation v. Farrar No. 102, September Term 2012, Opinion by Wilner. J. (Retired, Specially Assigned) HEADNOTE Georgia Pacific, LLC, f/k/a Georgia-Pacific Corporation v. Farrar No. 102, September Term 2012, Opinion by Wilner. J. (Retired, Specially Assigned) PLAINTIFF CONTRACTED MESOTHELIOMA, ALLEGEDLY

More information

Administrative Dissolution and Reinstatement of Business Entities WH ITE PAPER

Administrative Dissolution and Reinstatement of Business Entities WH ITE PAPER Administrative Dissolution and Reinstatement of Business Entities WH ITE PAPER April 2012 CT Representation Services ADMINISTRATIVE DISSOLUTION AND REINSTATEMENT OF BUSINESS ENTITIES Administrative dissolution

More information

By Bruce C. Hamlin John R. Barhoum Lane Powell PC Portland, Oregon

By Bruce C. Hamlin John R. Barhoum Lane Powell PC Portland, Oregon PRODUCTS LIABILITY LAW: COMPARING THE APPROACH IN OREGON AND WASHINGTON By Bruce C. Hamlin John R. Barhoum Lane Powell PC Portland, This article appeared in the Spring 2005 issue of the State Bar's Products

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 14-2725 VISTEON CORPORATION, et al., v. Plaintiffs-Appellants, NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Defendant-Appellee.

More information

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2014 IL App (5th) 120588-U NO. 5-12-0588 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 01/23/14. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2014 IL App (5th) 120588-U NO. 5-12-0588

More information

Alternative Burdens May Come With Alternative Causes

Alternative Burdens May Come With Alternative Causes Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Alternative Burdens May Come With Alternative Causes

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS TROY COSMETIC CENTER MARKETING, L.L.C., RENAISSANCE AMBULATORY CENTER, and DR. AENEAS GUINEY, UNPUBLISHED June 1, 2006 Plaintiffs-Appellants, v No. 266909 Oakland Circuit

More information

Asbestos Litigation In California: The Creation And Retroactive Application Of Special, Expansive, Asbestos-Only Rules Of Liability Part Two

Asbestos Litigation In California: The Creation And Retroactive Application Of Special, Expansive, Asbestos-Only Rules Of Liability Part Two MEALEY S TM LITIGATION REPORT Asbestos Asbestos Litigation In California: The Creation And Retroactive Application Of Special, Expansive, Asbestos-Only Rules Of Liability Part Two by Herb Zarov, Craig

More information

Court of Common Pleas of Ohio, Montgomery County. Jeffrey A. TIREY, Plaintiff, v. FIRESTONE TIRE & RUBBER CO., et al., [FN*] Defendants.

Court of Common Pleas of Ohio, Montgomery County. Jeffrey A. TIREY, Plaintiff, v. FIRESTONE TIRE & RUBBER CO., et al., [FN*] Defendants. Court of Common Pleas of Ohio, Montgomery County. Jeffrey A. TIREY, Plaintiff, v. FIRESTONE TIRE & RUBBER CO., et al., [FN*] Defendants. FN* No appeal has been taken from the decision of the court. No.

More information

PURCELL & WARDROPE NEWS Spring 2013

PURCELL & WARDROPE NEWS Spring 2013 PURCELL & WARDROPE NEWS Spring 2013 TRYING PRODUCT LIABILITY CASES IN ILLINOIS Our office obtained another defense verdict this week. This time it was in a product liability case in Cook County, Illinois,

More information

Manufacturers Duty to Warn for Replacement Parts

Manufacturers Duty to Warn for Replacement Parts Young Lawyers The Need of a Bright-Line Rule By Eliot M. Harris Manufacturers Duty to Warn for Replacement Parts Recent decisions clearly provide that manufacturers have no general duty to warn of dangerous

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 14-11987 Non-Argument Calendar. Docket No. 1:13-cv-02128-WSD. Case: 14-11987 Date Filed: 10/21/2014 Page: 1 of 11 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-11987 Non-Argument Calendar Docket No. 1:13-cv-02128-WSD PIEDMONT OFFICE

More information

Key Concept 4: Understanding Product Liability Law

Key Concept 4: Understanding Product Liability Law Key Concept 4: Understanding Product Liability Law Suppose that you are the president of a firm making products for sale to the public. One of your worries would be the company's exposure to civil liability

More information

workers' compensation benefits under the Washington Industrial Insurance Act (WIIA). Long

workers' compensation benefits under the Washington Industrial Insurance Act (WIIA). Long LED COWIJ QP APPEALS 2013 MAR 19 IN THE COURT OF APPEALS OF THE STATE OF WASHIN AN 8: 39 DIVISION II B ROBERT LONG, deceased, and AILEEN LONG, Petitioner /Beneficiary, No. 43187-4 II - Appellant, V. WASHINGTON

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS 444444444444 NO. 13-0776 444444444444 CHAPMAN CUSTOM HOMES, INC., AND MICHAEL B. DUNCAN, TRUSTEE OF THE M. B. DUNCAN SEPARATE PROPERTY TRUST, PETITIONERS, v. DALLAS PLUMBING

More information

Case 2:13-cv-06555-LMA-MBN Document 371 Filed 11/03/14 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA. VERSUS No.

Case 2:13-cv-06555-LMA-MBN Document 371 Filed 11/03/14 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA. VERSUS No. Case 2:13-cv-06555-LMA-MBN Document 371 Filed 11/03/14 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA MICHAEL COMARDELLE CIVIL ACTION VERSUS No. 13-6555 PENNSYLVANIA GENERAL INSURANCE

More information

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY MEMORANDUM OPINION

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY MEMORANDUM OPINION IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN RE ASBESTOS LITIGATION: ) ) Dorothy Phillips ) ) C.A. No. N12C-03-057 ASB ) Limited to: ) Hoffman/New Yorker Inc. ) MEMORANDUM

More information

Product Liability Risks for Distributors: The Basics. Susan E. Burnett Bowman and Brooke LLP

Product Liability Risks for Distributors: The Basics. Susan E. Burnett Bowman and Brooke LLP Product Liability Risks for Distributors: The Basics Susan E. Burnett Bowman and Brooke LLP Whereas.... State laws vary widely and change frequently, Every case is different, I'm not your lawyer.. Disclaimer:

More information

We are asked to decide whether the Port Authority of. New York and New Jersey [Port Authority] owes a duty of care to

We are asked to decide whether the Port Authority of. New York and New Jersey [Port Authority] owes a duty of care to ================================================================= This opinion is uncorrected and subject to revision before publication in the New York Reports. -----------------------------------------------------------------

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANTS: MICHAEL A. MINGLIN Miller & Minglin, P.C. Indianapolis, Indiana ATTORNEYS FOR APPELLEE: JAMES W. ROEHRDANZ ERIC D. JOHNSON Kightlinger & Gray, LLP Indianapolis,

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE Filed 5/15/14 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE JOHNNY BLAINE KESNER, JR., v. Petitioner, THE SUPERIOR COURT OF ALAMEDA

More information

EVIDENCE AND PRACTICE TIPS

EVIDENCE AND PRACTICE TIPS EVIDENCE AND PRACTICE TIPS By: Stephen J. Heine Heyl, Royster, Voelker & Allen, Peoria The Laws of Intestate Succession Permit Only Descendants to Share in the Proceeds of a Wrongful Death Suit Where the

More information

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-348 ************

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-348 ************ STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-348 LESTER BLACKMAN, ET AL. VERSUS BROOKSHIRE GROCERY COMPANY ************ APPEAL FROM THE CITY COURT OF ALEXANDRIA, PARISH OF RAPIDES, NO. 103,325,

More information

S09G0492. FORTNER v. GRANGE MUTUAL INSURANCE COMPANY. We granted certiorari in this case, Fortner v. Grange Mutual Ins. Co., 294

S09G0492. FORTNER v. GRANGE MUTUAL INSURANCE COMPANY. We granted certiorari in this case, Fortner v. Grange Mutual Ins. Co., 294 In the Supreme Court of Georgia Decided: October 19, 2009 S09G0492. FORTNER v. GRANGE MUTUAL INSURANCE COMPANY. NAHMIAS, Justice. We granted certiorari in this case, Fortner v. Grange Mutual Ins. Co.,

More information

Transportation and Logistics Counsel Annual Conference March 18, 2014. Carmack Amendment And Preemption Of Personal Injury Claims

Transportation and Logistics Counsel Annual Conference March 18, 2014. Carmack Amendment And Preemption Of Personal Injury Claims Transportation and Logistics Counsel Annual Conference March 18, 2014 Carmack Amendment And Preemption Of Personal Injury Claims By: Beata Shapiro, Esq. Wilson Elser Moskowitz Edelman & Dicker LLP 1010

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 14-60770 Document: 00513129690 Page: 1 Date Filed: 07/27/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT KINSALE INSURANCE COMPANY, Plaintiff - Appellee United States Court of Appeals

More information

1. PARTIES TO A PRODUCTS LIABILITY ACTION. A. Plaintiffs

1. PARTIES TO A PRODUCTS LIABILITY ACTION. A. Plaintiffs 1. PARTIES TO A PRODUCTS LIABILITY ACTION A. Plaintiffs Individuals, corporations, and other business entities may allege strict product liability tort claims. A strict product liability plaintiff, whether

More information

SAME-SEX ADOPTION LAWS BY STATE

SAME-SEX ADOPTION LAWS BY STATE SAME-SEX ADOPTION LAWS BY STATE The issue of adoption by same-sex couples has moved to the forefront in recent years. Liberty Counsel was instrumental in upholding the constitutionality of Florida s ban

More information

NO. 142, September Term, 1994 Chambco, A Division of Chamberlin Waterproofing & Roofing, Inc. v. Urban Masonry Corporation

NO. 142, September Term, 1994 Chambco, A Division of Chamberlin Waterproofing & Roofing, Inc. v. Urban Masonry Corporation NO. 142, September Term, 1994 Chambco, A Division of Chamberlin Waterproofing & Roofing, Inc. v. Urban Masonry Corporation [Involves Maryland Code (1974, 1995 Repl. Vol.), 10-504 Of The Courts And Judicial

More information

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON September 16, 2008 Session

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON September 16, 2008 Session IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON September 16, 2008 Session LEITHA C. PERKINS and ROBERT L. PERKINS v. BIG LOTS STORES, INC. Appeal from the Circuit Court for Shelby County No. CT-000434-05

More information

STANLEY V. MCCARVER: FORMAL DOCTOR- PATIENT RELATIONSHIP NOT REQUIRED FOR NEGLIGENCE LIABILITY

STANLEY V. MCCARVER: FORMAL DOCTOR- PATIENT RELATIONSHIP NOT REQUIRED FOR NEGLIGENCE LIABILITY STANLEY V. MCCARVER: FORMAL DOCTOR- PATIENT RELATIONSHIP NOT REQUIRED FOR NEGLIGENCE LIABILITY Patrick I. Biggerstaff I. FACTS AND PROCEDURAL HISTORY Nurse Christine Stanley submitted to a tuberculosis

More information

Case: 6:11-cv-00282-GFVT-HAI Doc #: 107 Filed: 02/27/13 Page: 1 of 8 - Page ID#:

Case: 6:11-cv-00282-GFVT-HAI Doc #: 107 Filed: 02/27/13 Page: 1 of 8 - Page ID#: <pageid> Case: 6:11-cv-00282-GFVT-HAI Doc #: 107 Filed: 02/27/13 Page: 1 of 8 - Page ID#: THE SMITHFIELD PACKING CO., INC., V. Plaintiff, ARMSTRONG INDUSTRIAL REFRIGERATION AND MAINTENANCE SERVICE, et al., Defendants.

More information

Current Trends In The Post-Banks Era: An Update On Design Defect Law In Georgia

Current Trends In The Post-Banks Era: An Update On Design Defect Law In Georgia Current Trends In The Post-Banks Era: An Update On Design Defect Law In Georgia From the Verdict, magazine of the Georgia Trial Lawyersʼ Association By Lee Wallace Joshua Sacks, Esq. The Wallace Law Firm,

More information

Case 1:03-cv-00630-RHB Document 92 Filed 02/17/2006 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 1:03-cv-00630-RHB Document 92 Filed 02/17/2006 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Case 1:03-cv-00630-RHB Document 92 Filed 02/17/2006 Page 1 of 9 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION J.B. LABORATORIES, INC., a Michigan Corporation, v. Plaintiff/Counter-Defendant,

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-00894-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-00894-CV Reversed and Remanded and Opinion Filed July 28, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00894-CV TEXAS HEALTH AND HUMAN SERVICES COMMISSION, Appellant V. JOSEPH MCRAE,

More information

Henkel Corp v. Hartford Accident

Henkel Corp v. Hartford Accident 2008 Decisions Opinions of the United States Court of Appeals for the Third Circuit 3-27-2008 Henkel Corp v. Hartford Accident Precedential or Non-Precedential: Non-Precedential Docket No. 06-4856 Follow

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010).

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2010). STATE OF MINNESOTA IN COURT OF APPEALS A10-1489 Barry H. Nash, Appellant, vs. James D. Gurovitsch,

More information

UNITED STATES COURT OF APPEALS For the Fifth Circuit. No. 01-60902 Summary Calendar LONNA ANTHONY, VERSUS. FRANCES DeGRATE; ET AL,

UNITED STATES COURT OF APPEALS For the Fifth Circuit. No. 01-60902 Summary Calendar LONNA ANTHONY, VERSUS. FRANCES DeGRATE; ET AL, UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 01-60902 Summary Calendar LONNA ANTHONY, Plaintiff-Appellant, VERSUS FRANCES DeGRATE; ET AL, Defendants, ENTERPRISE LEASING COMPANY-SOUTHWEST, Defendant-Appellee.

More information

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE Filed 3/21/97 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE STACY RUTTENBERG, Plaintiff and Appellant, B092022 (Super. Ct. No. LC025584)

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANT: KIRK A. HORN Mandel Pollack & Horn, P.C. Carmel, Indiana ATTORNEYS FOR APPELLEES: JOHN R. OBENCHAIN BRIAN M. KUBICKI Jones Obenchain, LLP South Bend, Indiana IN

More information

Experience in Docketed Tax Malpractice Cases

Experience in Docketed Tax Malpractice Cases Greggert, Inc and Gregory Eggert v. Dischino & Dischino Associates, et al. Case dismissed for lack of personal jurisdiction No. ESX-L-1130-07 (Sup. Ct. of New Jersey, Law Div., Essex Co. filed November

More information

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION STEVEN MORRIS, individually, as surviving spouse of Patricia Morris, deceased, and as the Administrator of the Estate

More information

(2) When cause of action arises for purposes of Courts and Judicial Proceedings Article, 11-108(b)(1).

(2) When cause of action arises for purposes of Courts and Judicial Proceedings Article, 11-108(b)(1). Georgia-Pacific Corporation v. Lisa J. Pransky, et al. No. 107, Sept. Term, 2001 Asbestos: (1) Causation with respect to bystander. Eagle-Picher v. Balbos (2) When cause of action arises for purposes of

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR A136605

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR A136605 Filed 8/28/13 Shade v. Freedhand CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION JASON LONG, Plaintiff, v. NO. 0:00-CV-000 ABC THE CHABON GROUP, INC., Defendant. DEFENDANT S MOTION FOR SUMMARY JUDGMENT

More information

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order

More information

IN THE SUPREME COURT OF IOWA

IN THE SUPREME COURT OF IOWA IN THE SUPREME COURT OF IOWA No. 08 1635 Filed February 4, 2011 TIMOTHY L. MERRIAM, An Individual; JUSTINE MERRIAM, Both Individually and as Next Friend of CHRISTOPHER MERRIAM, A Minor, KAYLA MERRIAM,

More information

SAFETY REVIEW NOT SPECIFIED IN CONTRACT

SAFETY REVIEW NOT SPECIFIED IN CONTRACT SAFETY REVIEW NOT SPECIFIED IN CONTRACT James C. Kozlowski, J.D., Ph.D. 2008 James C. Kozlowski In contracting for personal services, an architect's duty depends on the particular agreement entered into

More information

STATE OF MINNESOTA IN COURT OF APPEALS A13-1110. Faron L. Clark, Respondent, vs. Sheri Connor, et al., Defendants, Vydell Jones, Appellant.

STATE OF MINNESOTA IN COURT OF APPEALS A13-1110. Faron L. Clark, Respondent, vs. Sheri Connor, et al., Defendants, Vydell Jones, Appellant. STATE OF MINNESOTA IN COURT OF APPEALS A13-1110 Faron L. Clark, Respondent, vs. Sheri Connor, et al., Defendants, Vydell Jones, Appellant. Filed January 21, 2014 Affirmed Hooten, Judge Cass County District

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN MILTON BOYER and KATHY BOYER, Plaintiffs, WEYERHAEUSER COMPANY, 3M COMPANY, METROPOLITAN LIFE INSURANCE COMPANY, OWEN-ILLINOIS,

More information

No. 49,820-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * Versus * * * * *

No. 49,820-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * Versus * * * * * Judgment rendered June 10, 2015. Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP. No. 49,820-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * WILLIAM

More information

Updating Pa. Products Law: A 'Reasonable' Suggestion

Updating Pa. Products Law: A 'Reasonable' Suggestion Updating Pa. Products Law: A 'Reasonable' Suggestion Stephen J. Imbriglia and Stephen J. Finley Jr. February 5, 2010 Pennsylvania courts prohibit the introduction of negligence concepts in the trial of

More information

UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No. 1450. September Term, 2013

UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No. 1450. September Term, 2013 UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1450 September Term, 2013 BRANDON ALSUP, A MINOR, BY AND THROUGH HIS PARENTS AND NEXT FRIENDS, SARAH RILEY AND REGINALD ALSUP v. UNIVERSITY OF

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

Actos. In Re: Actos (Pioglitazone) Products Liability Litigation. U.S. District Court, Western District of Louisiana. Mass Tort - Pharmaceutical

Actos. In Re: Actos (Pioglitazone) Products Liability Litigation. U.S. District Court, Western District of Louisiana. Mass Tort - Pharmaceutical Actos Case Caption: MDL Jurisdiction: MDL Docket: Case Type: In Re: Actos (Pioglitazone) Products Liability Litigation U.S. District Court, Western District of Louisiana 6:11-md-2299 Mass Tort - Pharmaceutical

More information

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Summary In a mesothelioma claim, the defendant was not in breach of duty in relation to exposure to asbestos for

More information

Securities Litigation

Securities Litigation Securities Litigation Alert July 2009 Eleventh Circuit Affirms Bar Order, in Connection with Partial Settlement of Class Action, Extinguishing Non-Settling Former CEO Defendant s Contractual Rights to

More information

Employers Liability and Insurance Coverage in the Construction Industry

Employers Liability and Insurance Coverage in the Construction Industry Illinois Association of Defense Trial Counsel Springfield, Illinois www.iadtc.org 800-232-0169 IDC Quarterly Volume 18, Number 1 (18.1.29) Insurance Law By: Gregory G. Vacala and Allison H. McJunkin Rusin

More information

Agents E&O Standard of Care Project

Agents E&O Standard of Care Project Agents E&O Standard of Care Project Survey Maryland To gain a deeper understanding of the differing agent duties and standard of care by state, the Big I Professional Liability Program and Swiss Re Corporate

More information