Product Liability

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As previously discussed here,  the Tennessee Supreme Court heard oral arguments in January, 2008, in a case against an employer brought by its employee’s daughter concerning her secondhand exposure to asbestos.  Plaintiff Amanda Satterfield succumbed to mesothelioma at the age of 25. …
Read More UPDATE: Tennessee Supreme Court Extends Employer Liability in Secondhand Asbestos Exposure Lawsuit

As we previously reported here, the Rhode Island Supreme Court recently ruled that the public nuisance suit filed by the State’s Attorney General against various former lead paint manufacturers, resulting in a jury verdict against the manufacturers, should have been dismissed by the trial justice. 

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Read More Defendants in Rhode Island’s Lead Paint Public Nuisance Suit Seek Reimbursement of Costs

Last month, Ohio residents filed a class action complaint against five of the largest baby bottle and “sippy cup” makers:  Avent, Dr. Brown’s, Evenflo, Gerber, and Playtex.  The lawsuit alleges that the bottle makers were aware of the dangers of Bisphenol-A (commonly referred to as “BPA”) but misrepresented, both intentionally and negligently, their products’ safety.  BPA, a component of clear polycarbonate, is commonly used in baby bottles, pacifiers and other baby and adult products. …
Read More Ohio Residents File Class Action Complaint Against Makers of Baby Bottles with BPA

On July 1, 2008, the Rhode Island Supreme Court ruled that the public nuisance suit filed by the state’s attorney general against various former lead pigment manufacturers, that resulted in a jury verdict against the manufacturers, should have been dismissed by the trial justice. …
Read More Rhode Island Supreme Court Rejects Public Nuisance Theory For Lead Paint Poisoning

A Florida appellate court recently held that the retroactivity limitation for asbestos lawsuits under the state’s 2005 Asbestos and Silica Compensation Act rendered the entire Act unconstitutional. 

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Read More Florida Appeals Court: 2005 Asbestos and Silica Compensation Act is Unconstitutional

In our continuing coverage of emerging product liability issues related to carbon nanotubes, which was first reported here, we focus on the U.S. government’s call for stricter monitoring of health risks arising from the production and use of this new technology. 

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Read More GAO Report on Federally Funded Research of the Environmental, Health and Safety Risks of Nanoscale Materials

The Minnesota Supreme Court recently affirmed the transfer of an insurance coverage action to a group of Minnesota judges specially assigned to hear asbestos cases.  In re Continental Cas. Co. v. 3M Co., Docket No. A07-784 (Minn., May 29, 2008). 

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Read More Minnesota High Court Approves Transfer of Coverage Dispute to Asbestos Judges

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