Showing 5 posts in Asbestos.

Judge Grants First Summary Judgment Based on Medical Causation in NY County Asbestos Litigation

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On January 31, 2019, Justice Manuel Mendez issued a decision granting the first summary judgment motion based on medical causation in a New York County Asbestos Litigation (“NYCAL”) case, Thomas Mantovi v. American Biltrite (Index No. 190055/2017). Judge Mendez held that “Amtico floor tiles did not produce breathable dust to a level sufficient to cause decedent’s mesothelioma.” More »

Illinois Supreme Court Applies Discovery Rule Extending Statute of Limitations Period in Wrongful Death and Survival Actions

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On September 22, 2016, the Illinois Supreme Court issued its opinion in Randall W. Moon v. Clarissa F. Rhode et al. (2016 IL 119572), holding that the discovery rule found in section 13-212(a) of the Code of Civil Procedure (735 ILCS 5/13-212(a)) was applicable to Wrongful Death and Survival act claims alleging medical malpractice.  Generally, statutes of limitation set deadlines for which plaintiffs must bring claims, however, in certain situations the deadline may be extended by what is referred to as the “discovery rule.”  Although the Court’s opinion was in the context of a medical malpractice case, the discovery rule that the Court held to apply in section 13-212(a) of the Code for medical malpractice claims also appears in section 13-213(d) of the Code for product liability claims.  This decision may provide support for plaintiffs and courts in Illinois to extend the application of the discovery rule to Wrongful Death and Survival act claims in product liability matters. More »

Illinois Appellate Court Throws Out Jury Verdict Finding Plaintiff with Asymptomatic Asbestosis Did Not Prove Any Physical Harm

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On June 20, 2016, the Fourth District of the Illinois Appellate Court held in Sondag v. Pneumo Abex Corp. (No.  4-14-0918) (4th Dist. Ill. App. Ct.) (June 20, 2016) that a plaintiff who was diagnosed with asbestosis but with a lack of any clinical symptoms suffered no physical harm and thus could not maintain a product liability claim against a defendant whose product had exposed him to asbestos.   More »

CLIENT ALERT: Dummitt/Suttner v. Crane Co. Decision May Expand Liability for Asbestos Defendants

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The New York Court of Appeals held today that “the manufacturer of a product has a duty to warn of the danger arising from the known and reasonably foreseeable use of its products in combination with a third-party product which, as a matter of design, mechanics, or economic necessity, is necessity to enable the manufacturer’s product to function as intended.” More »

Illinois Supreme Bars Civil Asbestos Action Under Workers’ Compensation Act Exclusive Remedy Provision

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On November 4, 2015, the Illinois Supreme Court issued its opinion in the matter of Folta v. Ferro Engineering, 2015 IL 118070 (2015), holding that an employee is barred from bringing an action in civil court by the exclusive remedy provisions of the Workers’ Compensation Act (820 ILCS 305/1 et seq.) and the Workers’ Occupational Diseases Act (820 ILCS 310/1 et seq.) (hereinafter “the Acts”), when the employee’s injury or disease first manifests after the expiration of certain time limitations under those acts.  For employers and employees involved in asbestos litigation, it is advisable to become familiar with the Acts as well as the Court’s ruling in Folta in order to monitor its effect on future litigation and legislation.  More »

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