The government contractor defense was accepted in a recent asbestos liability lawsuits out of California. The decision by a state appellate court breaks with a ruling by the federal Ninth Circuit. The government contractor defense shields the federal government’s exercise of discretion and judgment in contract specifications and designs. It…
The “every exposure” theory in asbestos litigation has been widely criticized and many judges have concluded it doesn’t pass muster in a court of law. The crux of it is that because no amount of exposure to asbestos is safe, every exposure to asbestos must be harmful. But simply showing…
Some defendants in asbestos litigation, facing crippling debt in the face of accountability for concealing the danger of their products and failing to protect the public, filed for bankruptcy and established trusts to pay out current and future claims. More than 100 companies have filed for bankruptcy protection due in…
An asbestos tort reform bill has gained traction in Congress with approval from the majority in the U.S. House of Representatives. Luckily for those afflicted with mesothelioma and other asbestos-related diseases, it’s unlikely to gain enough traction to become law. Although the measure has a name that implies “fairness,” it…
For the improper handling of toxic material resulting in asbestos danger in Massachusetts, four affiliated firms agreed to pay $129,000 in fines. However, half of that cost will be deferred if the affiliates can manage to avoid any further environmental trouble, according to the Massachusetts Department of Environmental Protection. The…