Examines recent court decisions disallowing industrial hygienists’ opinions as hearsay. Reports lacked independent opinions; were based on published works
Category Archives: Asbestos
Evaluates the methodology EPA used to assess the risks associated with using chrysotile asbestos in removing and replacing sheet gaskets and brake linings
Missouri legislators have proposed three bills that would make substantive and procedural changes to lawsuits filed for damages related to asbestos exposure
Clients who are new to asbestos litigation often ask why so many defendants are named in asbestos lawsuits. The person usually says to me, “it sounds like they just name every company which they believe used asbestos at some point and then they see what sticks. Isn’t this a huge cost on the system and […]
Show Me the (Asbestos) Money!
October 16, 2018
In recent years, Missouri courts, and St. Louis City courts in particular, have been getting attention for their large toxic tort verdicts. The legislature is responding. While Missouri’s official nickname is the “Show Me State,” some legislators have been referring to it as the “Sue Me State” to promote new tort reform measures. One such […]
Thirty-six billion dollars. That’s the value of assets in all asbestos-related bankruptcy trusts, according to the United States Government Accountability Office (and that’s 2011 numbers!).[1] With so much money sitting idly by, as the old adage goes, the money is talking. When money talks, the United States Congress listens (that should be another adage). “Asbestos […]
On June 27, 2014, the Appellate Court of Illinois, First District, held that a plaintiff’s common-law negligence action against her decedent’s employer was not barred by the exclusive remedy provision of Illinois’ workers’ compensation statutes[1] because her work comp claim would have been non-compensable as untimely under the law’s repose provisions. The Decedent was allegedly […]
Illinois Appellate Court for the Fourth District Labels Exposure Claims as Speculative
January 2, 2014
On October 11, 2013, the Illinois Appellate Court for the Fourth District, which includes 30 counties in central Illinois, affirmed summary judgment orders for two defendants. In Bowles v. Owens-Illinois, Inc., the Plaintiff, Decedent’s surviving spouse, brought lung cancer claims against Owens-Illinois and John Crane. The cancer was allegedly caused by his exposure to asbestos […]