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Fourth Circuit Refuses to Reduce Record-Breaking $32.7 Million Verdict

January 21, 2021

On August 24, 2020 in Ann Finch v. Covil Corp., 972 F.3d 507 (4th Cir. 2020), the Fourth Circuit Court of Appeals upheld a North Carolina federal district court’s decision, sustaining a $32.7 million verdict in favor of the plaintiff in an asbestos-related wrongful death lawsuit against insulation contractor Covil Corporation. On appeal, Covil argued that the district court erred in instructing the jury as to proximate cause and refused to reduce the damages…

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Latent Injury Exception to Illinois Workers’ Compensation Legislation Challenged

By Jen Dlugosz & Andrew German

January 5, 2021

On May 17, 2019, Illinois adopted legislation eliminating the state’s 25-year statute of repose under the Illinois Workers’ Compensation Act for latent diseases. The legislation overturned the prominent Supreme Court decision in Folta v. Ferro Engineering which established clear precedent that an employee’s exclusive remedy lies under either the Illinois Workers’ Compensation or Occupational Diseases Act. Recently, in Patton v. A.W. Chesterton, defendant McNulty Brothers Company (McNulty) attempted to challenge the constitutionality of the 2019…

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Remote Asbestos Jury Trials Face Challenges

By Brandon Black

January 4, 2021

The first two remote asbestos jury trials showcase the unique challenges of trying cases remotely. Many Americans have become accustomed to working from home and the technology that comes with it. Most courts though are still hesitant to proceed with remote asbestos jury trials, which is likely for the best. If, however, remote asbestos jury trials become more prevalent, then courts and litigants must learn from the challenges presented in these early cases. Remote Asbestos…

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Startups and Entrepreneurs Recap – IO2020: The New Innovators’ Summit

By Husch Blackwell

November 6, 2020

The fourth year of IO2020: The New Innovators’ Summit, an event for startups and entrepreneurs, went virtual due to the coronavirus pandemic. Hosted on an interactive platform, leaders in the startup and enterprise innovation scene were able to connect, learn and experiment. The program focused on three different groups of attendees: startups, business leaders and enterprise teams. Individual investors and community innovators also attended the event. Husch Blackwell Session Experienced in helping startups and entrepreneurs…

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Statute of Limitations on Asbestos Claims: MN Supreme Court Reinforces

By Kathryn Modeer & Lazaro Aguiar

September 16, 2020

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. Palmer Gary Palmer (Decedent), diagnosed with mesothelioma in December 2011, learns the cause of his mesothelioma is from exposure to asbestos the next month. The…

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Manufacturers Liable for Third Party Replacement Parts Says NJ Supreme Court

By Jessica Prosperi, Brittany Lomax & Peter Lucier

September 11, 2020

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Personal Jurisdiction Over Foreign Corporation Asserted By Minnesota Court of Appeals

By Danielle Luisi & Miller Jozwiak

September 10, 2020

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. Backe v. A.W. Kuettel & Sons, Inc, No. A19-1959 Plaintiffs claimed that Gene Backe developed mesothelioma as a result of personal and secondary asbestos exposure from an asbestos-tile factory in Minnesota where he and his family…

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

By Jen Dlugosz & Julie Garabedian

August 21, 2020

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. Rule 30(b)(6) governs oral depositions of party…

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Toxic Tort Monitor: Proximate Cause Jury Instruction Further Clarified by Washington Appellate Court

By Andrew German

August 20, 2020

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. The only defendant remaining at trial was John Crane, Inc. The decedent died from…

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Amazon’s New Seller Transparency Policy Signals Progress Against Infringement

By Liam Reilly & Mike Annis

August 19, 2020

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Amazon’s new seller transparency policy, announced July 8, 2020, requires by September 1, 2020, each seller’s page on Amazon.com to display the respective seller’s name and address. This brings some of Amazon’s U.S.-based practices into conformity with policies in other jurisdictions, including Europe, Japan, and Mexico. It also comes on the heels of record-setting online retail sales and the restructuring of traditional retail as we know it. According to the company, Amazon’s new seller…

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Fourth Circuit Refuses to Reduce Record-Breaking $32.7 Million Verdict

Latent Injury Exception to Illinois Workers’ Compensation Legislation Challenged

Remote Asbestos Jury Trials Face Challenges

Startups and Entrepreneurs Recap – IO2020: The New Innovators’ Summit

Statute of Limitations on Asbestos Claims: MN Supreme Court Reinforces

Manufacturers Liable for Third Party Replacement Parts Says NJ Supreme Court

Personal Jurisdiction Over Foreign Corporation Asserted By Minnesota Court of Appeals

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

Toxic Tort Monitor: Proximate Cause Jury Instruction Further Clarified by Washington Appellate Court

Amazon’s New Seller Transparency Policy Signals Progress Against Infringement

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