Synopsis: The six year statute of repose barring negligent construction and design claims applies even in cases involving damages arising from diseases with extended latency periods such as mesothelioma. A recent decision from the Massachusetts Supreme Judicial Court (“SJC”) affirms
Defense Litigation Insider
Helping you navigate a clear path through complex litigation.
Defense Litigation Insider, published by Manning Gross + Massenburg LLP, focuses on legal developments and litigation strategies related to defense in high-stakes corporate and environmental cases. The blog covers topics such as toxic torts, particularly litigation involving per- and polyfluoroalkyl substances (PFAS), class action lawsuits, regulatory changes, and risk management. It also addresses emerging issues in environmental law, product liability, and remediation technologies like bioremediation. The content includes analysis of court decisions, legislative updates, and scientific evaluations relevant to defense counsel and corporate clients facing complex litigation and regulatory challenges.
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The EPA’s Threat to The New Source Performance Standards
On September 11, 2018, the Environmental Protection Agency proposed modifications to the 2016 New Source Performance Standards, a series of regulations enacted by President Barack Obama that require the oil and gas industry to take strict precautions to reduce and…
MG+M Obtains Dismissals in the U.S. District Court for the District of Massachusetts for Two Clients in Defective Electronic Monitoring Bracelet Case
MG+M Boston Attorneys Eric Skelly and Christos Koutrobis successfully obtained dismissals for two clients in James T. Casey, Jr. v. Apax Partners et al., 1:18-cv-11211-DJC, a case that was pending at the U.S. District Court for the District of Massachusetts.…
Utilities and Environmental Groups Spar over EPA’s Approval of Louisiana’s Plan to Address Regional Haze
In December 2017, the EPA approved revisions to the Louisiana State Implementation Plan (“SIP”) addressing regional haze. Neither environmental groups—Sierra Club and National Parks Conservation Association—nor affected utility companies—Entergy and Cleco—are satisfied with the EPA’s rule, and they are now…
California Enacts Legislation to Combat Discrimination and Harassment
In September 2018, Governor Jerry Brown signed a series of bills aimed at drastically reshaping California’s approach to claims of discrimination and harassment amidst the “#MeToo” Movement. Among the legislation is Senate Bill 1300 which clarifies and expands employee rights…
Rhode Island Court Bars Direct Claim Against Insurers of Alleged Tortfeasor
In a recent decision, the Rhode Island Superior Court ruled that claims brought against a dissolved entity’s insurers are barred pursuant to R.I. General Laws § 27-7-2. This statute bars direct actions against insurers of alleged tortfeasors absent very limited…
Frye Makes a Strong Comeback in Florida
Defense Verdict in the Northwest – Jury Rejects Plaintiff’s Asbestos Related Claims in Western District of Washington
Summary and Perspectives: Summerlin v. Philip Morris USA, et al.
In Summerlin v. Philip Morris USA, et al., 1581-cv-5255, following a five-week trial before Judge Heidi Brieger, the jury returned a verdict in favor of the plaintiff amounting to $43,100,000. Three defendants remained through verdict; however, the jury found that…
New Jersey Appeals Court Rules on Admissibility of Evidence in Proving Apportionment Claim
On June 29, 2018, a New Jersey state appeals court ruled that a superior court improperly allowed a jury to consider evidence, not represented at trial, in allocating damages among nine defendants in an asbestos case. The state appeals court…