New updates to the Toxic Substances Control Act prompted the Environmental Protection Agency (“EPA”) to issue a proposed significant new use rule (“SNUR”) last month.
Category Archives: News
Foreign Corporation and Personal Jurisdiction in Pennsylvania
On May 30, 2018, a Philadelphia, Pennsylvania trial court rejected a personal injury plaintiff’s argument that an out-of-state corporation consented to personal jurisdiction when it filed registration to conduct business in Pennsylvania.
Connecticut Appellate Court Refuses to Set Aside Verdict
Many times, a jury will award the plaintiff all of her economic damages but nothing in terms of noneconomic damages. In Micalizzi v. Stewart, 181 Conn.App. 671 (2018), the Connecticut Appellate Court addressed this situation yet again, but under circumstances that may make it even more difficult for plaintiffs feeling slighted by a jury verdict to receive monetary relief for pain and suffering on appeal.
Condon v. Pecora Corporation: New Jersey Appellate Division Holds that Pecora was Entitled to Summary Judgment as a Matter of Law and Vacates Judgment
On July 9, 2018, the New Jersey Appellate Division issued its unpublished decision in Condon v. Pecora Corporation, et al., Docket No. A-3642-14T1 (App. Div. 2018), wherein it reversed the trial court’s denial of Pecora’s summary judgment motion and vacated Pecora’s portion of the $6.5 million in compensatory damages and $1 million in punitive damages verdict.
Rhode Island Judge Denies Defendant’s Third Bite at the Summary Judgment Apple While Simultaneously Granting Asbestos Plaintiff’s Motion for Voluntary Dismissal
The Honorable Gibney, P.J. in the Providence County Superior Court of Rhode Island on June 26, 2016 denied Defendant, Evenheat’s motion for leave to renew its motion for summary judgment in Loretta Belac v. 3M Company, Et. al
Employers’ Duty of Care to Third Party Non-Employees in Rhode Island
In a recent Rhode Island Superior Court decision, Nichols v. Allis Chalmers Prod. Liab. Trust, the Court (Taft-Carter, J.) denied the defendant employer’s motion for summary judgment, ruling that an employer had a duty to protect third party non-employees who came into contact with its employee’s asbestos-covered work clothes.
An Opinion on “Take Home” Exposure Cases: Delaware Supreme Court Imposes New Duty to Warn on Manufacturers of Asbestos Products
Since 2009, Delaware courts have adhered to the “take home” asbestos exposure principles set forth in the prior decisions of Riedel and Price.
New Case Law Indicates Schools Could Be Held Liable for Student Suicides in Massachusetts
In a decision dated May 7, 2018, the Massachusetts Supreme Judicial Court issued an opinion that it may be possible for schools to be liable for student suicides under certain circumstances where a “special relationship” exists between the student and school.
U.S. Supreme Court’s Ruling in Kindred Nursing Center Ltd. P’ship v. Clark, 137 S. Ct. 1421 (2017) Did Not Abrogate New Jersey Supreme Court’s Ruling in Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (NJ 2014) With Respect to Invalidating Arbitration Clauses
In a June 5, 2018 decision by the Appellate Division of the State of New Jersey in Defina v. Go Ahead and Jump 1, LLC d/b/a Sky Zone Indoor Trampoline Park, 2018 N.J. Super. Unpub. LEXIS 1303, the Court held that the U.S. Supreme Court’s May 15, 2017 decision in Kindred Nursing Centers Ltd. P’ship v. Clark, 137 S. Ct. 1421 did not abrogate the New Jersey Supreme Court’s decision in Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (NJ 2014) regarding the New Jersey state courts’ ability to invalidate arbitration clauses.
Protecting the Citizens of New York from Deceptive Marketing Strategies: How a New York State Judge’s Refusal to Dismiss Lawsuits Against Opioid Manufacturers CouldImpact Government Brought Lawsuits over Painkillers
n Monday, June 18, 2018, Justice Jerry Garguilo of the Suffolk County Supreme Court denied the application to dismiss lawsuits against several opioid manufacturers including Purdue Pharma, Endo Health Solutions, Teva Pharmaceuticals, Janssen Pharmaceuticals Inc., and Insys Therapeutics, Inc. Justice Garguilo did grant a dismissal to defendant Allergan based on lack of personal jurisdiction as this manufacturer is headquartered in Ireland.