Showing 233 posts by Jason L. Kennedy.
BP's $20 billion oil-spill fund is a pre-emptive strike against plaintiff lawyers, an attempt to settle all conceivable claims from its Gulf of Mexico oil spill before they get to court. And it might just work, if BP can avoid getting dragged into a morass of tangential health claims like the ones that sank just about every company that manufactured or installed asbestos products as a main line of business. More »
Penn surgeon makes headway against a rare lung cancer
June 24, 2012|By Marie McCullough, Inquirer Staff Writer
During a grueling operation early last year, when the intractable five-pound tumor seemed to mock his skills, thoracic surgeon Joseph S. Friedberg felt buoyed by what he and his scrub-suited crew had already achieved. More »
As reported in the June 25, 2012 Indiana Lawyer
Indiana justices outline ‘˜improvement to real property’
For the first time, the Indiana Supreme Court addressed what constitutes an improvement to real property’? as mentioned in the construction statute of repose. In doing so, the justices reversed the trial court’s grant of a contractor’s motion for summary judgment in a wrongful death claim. More »
From LegalNewsLine.com and its May 24, 2012 edition
Pa. SC shoots down ‘any-exposure’ asbestos theory
BY JESSICA M. KARMASEK
PITTSBURGH (Legal Newsline) – The Pennsylvania Supreme Court on Wednesday rejected the “any-fiber” theory of asbestos causation.
The Court, in its 53-page ruling, sided with Allegheny County Common Pleas Court Judge Robert J. Colville. More »
Updated 07:49 p.m., Wednesday, May 23, 2012
BRIDGEPORT — The family of a New Haven tile setter, who died after contracting an asbestos-related cancer, was awarded $2.4 million.
A Superior Court jury deliberated about three hours Tuesday before finding the Tile Council of North America liable in the death of Hannibal “Scottie” Saldibar and awarding his family $1.6 million. Judge Dale Radcliffe then ordered the association to pay an additional $800,000 in punitive damages. More »
Del. judge disgusted with bankruptcy trust secrecy
BY JOHN O’BRIEN
WILMINGTON, Del. (Legal Newsline) – Texas attorney Brent Coon submitted 20 claims to asbestos bankruptcy trusts on behalf of a Florida woman’s estate without the client’s new lawyers knowing, court records in Delaware show.
Those claims also painted a different picture as to how June Montgomery was exposed to asbestos. Her lawsuit, filed in Delaware against 22 companies, said her husband Arthur brought the material home from work on his clothes. More »
From the opinion: More »
A report from LegalNewsline.com is below
Calif. court rules against woman exposed to asbestos while doing laundry
BY JOHN O’BRIEN
LOS ANGELES (Legal Newsline) – An appeals court in California has ruled that Ford Motor Company had no duty to protect a woman from asbestos brought home on the clothing of her brother and father. More »
From The Louisiana Record
BATON ROUGE – A bill that would change the discovery process in asbestos litigation is scheduled to be heard in a state Senate committee tomorrow.
House Bill 477, an asbestos bankruptcy trust bill, would require plaintiffs in asbestos exposure lawsuits to provide a list of all potential defendants during the discovery process. More »
The original article can be found here
OPINION: Asbestos trusts need transparency to end fraud
THE SYSTEM of asbestos bankruptcy trusts created by Congress nearly 20 years ago was designed to make sure people injured by exposure to asbestos could be compensated. More »
- New Michigan DIFS Order Raises More Questions for Auto Insurers
- Proposed Hours of Service Rules: Balancing Safety and Economy
- Ninth Circuit Holds BIPA Class-Action Plaintiffs Have Article III Standing
- PROFESSIONAL LIABILITY CLIENT ALERT: Attorney Liability Under the FDCPA
- Five Words & Phrases Defense Attorneys Should be Mindful of in Trucking Litigation
- CYBER RISK CLIENT ALERT: BIPA Cutbacks Stalled in Springfield - For Now.
- PROFESSIONAL LIABILITY CLIENT ALERT: The Development of Michigan's Attorney Judgment Rule
- Another BIPA Violation Alleged in Illinois
- LIFE SCIENCES CLIENT ALERT: United States Supreme Court holds that the judge, not the jury, makes pre-emption determination in failure-to-warn pharmaceutical cases.
- Michigan No-Fault Reform Update
- Professional Liability
- Class Action
- Complex Commercial Litigation
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- Toxic Tort
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- Employment Litigation & Counseling
- Workers' Compensation
- Construction Litigation & Counseling
- Discrimination, Harassment & Hostile Workplace Claims
- Medical Negligence & Healthcare Liability
- Product Liability