Topic: Asbestos

Recent Study Sparks Concern about Asbestos-like Health Risk from Nanotubes Found in Everyday Products

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). 

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

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. 

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Second Circuit Rules Bankruptcy Court Cannot Enjoin All Claims Against Insurer

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. 

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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

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.” 

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