A petition for damages recently filed in the Circuit Court of Missouri, St. Louis County, alleges that Doe Run Resources Corporation, one of the world’s largest lead producers, its related entities, and six Doe Run officers and directors released lead and other toxic substances from the company’s metallurgical complex in Peru, injuring numerous children.
Toxic Tort
Florida Appeals Court: 2005 Asbestos and Silica Compensation Act is Unconstitutional
By Troutman Pepper Locke on
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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Minnesota High Court Approves Transfer of Coverage Dispute to Asbestos Judges
By Troutman Pepper Locke on
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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First Circuit Federal Appeals Court Certifies Important Allocation Questions to Massachusetts Supreme Judicial Court
By Troutman Pepper Locke on
The U.S. First Circuit Court of Appeals recently certified to the Massachusetts Supreme Judicial Court critical questions regarding allocation of loss to multiple insurers for long-term environmental contamination. …
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Illinois Federal Court Takes Restrictive View of Government Contractor Immunity Defense
By Troutman Pepper Locke on
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. …
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The Global Litigation Lottery
By Troutman Pepper Locke on
EAPD’s Vince Vitkowsky has written an opinion article for the Dow Jones website, marketwatch.com., which addresses the impact of cross-border litigation on business risk.
The Scottish Government has Published a Consultation on the Impact of Reversing the House of Lord’s Pleural Plaques Judgment
By Troutman Pepper Locke on
The Scottish Government has published a consultation paper on its proposal to introduce legislation before the summer recess in order to overturn the House of Lords’ 17 October 2007 decision (Rothwell v Chemical Insulating Company Ltd [2007] UKHL 39) that asymptomatic pleural plaques are not compensable (click here …
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English High Court Sets Date For ‘Trigger’ Litigation with Regard to Mesothelioma Claims and Employer Liability
By Troutman Pepper Locke on
A trial commencement date of 3 June 2008 has been set for the six lead test cases in the employers’ liability ‘trigger’ litigation.
New York Court Holds That Injuries Caused By Exposure to Popcorn Chemicals Resulted From Multiple Occurrences
By Troutman Pepper Locke on
A New York appellate panel recently affirmed a lower court’s decision finding that each worker’s injuries from exposure to chemicals found in popcorn flavoring resulted from separate occurrences for purposes of applying a “per occurrence” deductible under certain general liability insurance policies.
New Hampshire Supreme Court Adopts Pro Rata Allocation Methodology in Environmental Coverage Case
By Troutman Pepper Locke on
In a matter of first impression, the New Hampshire Supreme Court recently held that a pro rata allocation method, as opposed to a joint and several approach, should be applied in an environmental coverage action for purposes of allocating long-term pollution damage among multiple triggered insurance policies.