Articles & Publications
What does it mean to be grossly negligent? What acts or omissions equate to an “extreme risk” and an actual awareness of, and indifference to, such a risk? These questions have been repeatedly deliberated in Texas, particularly in asbestos litigation, and most recently by the Fifth District Court of Appeals in Goodyear Tire & Rubber Company v. Rogers.
Asbestos litigation continues unabated in jurisdictions across the country. Exposure scenarios that rarely gave rise to lawsuits just a few years ago are now the norm. Bystander, take-home and environmental drift cases are filed with regularity. The rise of these de minimis dose cases makes the proper application of causation criteria all the more important. Causation standards should be based on legitimate science and sound legal principles. This is our 2017 Update: Compendium of Asbestos Causation Standards.
- October 2017
Drug overdose deaths have been skyrocketing over the past ten years. Better known colloquially as the “Opioid Epidemic”, the Center for Disease Control showed that in 2014, 19,000 individuals died of overdoses. In 2015, the number almost doubled to 33,000. In light of these alarming statistics, the number of lawsuits filed in New York, as well as across the country, against pharmaceutical companies has been steadily increasing.
- September 12, 2017
In July 2017, in O’Connor v. Aerco Intl., Inc., 2017 NY Slip Op 04587, the Supreme Court of the State of New York, Appellate Division, Third Department, reversed three trial court orders which had granted summary judgment to defendants in an asbestos-related product liability action venued in Saratoga County.
- August 30, 2017
Alabama is one of very few states that has retained the contributory negligence bar, precluding a plaintiff from recovering in a tort action if the defendant can establish the plaintiff’s negligence.