If recent research is correct, we could all be at risk of developing mesothelioma in the future, and this time asbestos will not be to blame.  A new study conducted by a join team of UK and US scientists raises concern that certain carbon nanotubes may have carcinogenic potential.  A paper published in Nature Nanotechnology on May 20, 2008, describes asbestos-like consequences of inhaling long, multi-walled carbon nanotubes (MWCNTs). 
Read More Recent Study Sparks Concern about Asbestos-like Health Risk from Nanotubes Found in Everyday Products

The United States District Court for the Southern District of Illinois recently adopted a restrictive view of the government contractor immunity defense when it remanded an asbestos-related lawsuit to Illinois state court for lack of federal subject-matter jurisdiction. 
Read More Illinois Federal Court Takes Restrictive View of Government Contractor Immunity Defense

In a crowded court room of the High Court on Friday 2 May, the pre-trial review for six lead test cases in the employers’ liability trigger litigation was heard by Mr Justice Burton. The trial date has been set for 3 June 2008 and the trial is scheduled to end by the beginning of August. 
Read More UK: High Court to Decide Which Policies Should Respond to Asbestos Claims

The Tennessee Supreme Court is now considering whether to dismiss a case against an employer brought by its employee’s daughter concerning her alleged secondhand exposure to asbestos.  Plaintiff Amanda Satterfield succumbed to mesothelioma at the age of 25. 
Read More Secondhand Asbestos Exposure Lawsuit Makes Its Way to Tennessee Supreme Court

Craig Stewart (Boston) and Antony Woodhouse (London) of Edwards Angell Palmer & Dodge LLP are attending the 16th annual ABA TIPS Insurance Coverage Litigation Committee mid-year meeting in Marina Del Rey. They report that the meeting is very well attended and is currently in full flow with representatives from 31 different states, Puerto Rico, Canada and, of course, the U.K. 


Read More Report from ABA TIPS Insurance Coverage Litigation Committee Mid-Year Meeting in Marina Del Rey, CA

In an important recent decision of the United States Court of Appeals for the Second Circuit, testing the outer reaches of a bankruptcy court’s jurisdiction, In re Johns Manville Corp., 06-2099 (2d Cir. Feb. 15, 2008), the court considered whether claims that are not derivative of a debtor’s liability, but rather seek to recover directly from an insurer for its own alleged misconduct, can be enjoined by the “channeling” mechanism developed by the bankruptcy court. 


Read More Second Circuit Rules Bankruptcy Court Cannot Enjoin All Claims Against Insurer

The United States District Court for the Southern District of New York recently held that an arbitrator was not precluded by the doctrine of functus officio from modifying his findings regarding a prior award in a dispute between parties, since that award did not resolve the question of damages related to a particular issue and thus was not “final.”


Read More Federal Court Confirms Arbitration Award, Finding that Arbitrator did not Exceed His Powers in Amending a Portion of a Prior Award Regarding a Reinsurer’s Liability for Payments Made by its Cedent