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Limits of General Personal Jurisdiction Taken Up By Second Circuit

Yesterday, the Second Circuit affirmed the U.S. District Court for the District of Connecticut’s decision finding that Connecticut courts could not exercise general jurisdiction over a Maryland aerospace company.  The case was brought in Connecticut by a deceased worker’s daughter seeking to recover in tort for injuries related to asbestos exposure in locations outside...

Primary Insurer Wins Reinsurance Dispute Over Large Asbestos Settlement

Yesterday, the U.S. District Court for the Northern District of New York granted summary judgment to the primary insurer of a pump manufacturer in a dispute with the primary insurer’s reinsurer.  Beginning in 1997, more than 140,000 claims were filed against the pump manufacturer alleging asbestos-related bodily injuries.  In two separate cases, one in California and one in New...

First Jury Verdict In Pelvic Mesh MDL Affirmed By Fourth Circuit

Yesterday, the Fourth Circuit affirmed a jury’s award to a plaintiff of $250,000 in compensatory damages and $1.75 million in punitive damages on a design defect and failure to warn claim against the proprietors of transvaginal mesh medical devices used to treat pelvic organ prolapse and other pelvic issues.  This award was the first of the more than 70,000 similar cases involved...

2015 Year in Review

Earlier today, we released the 2015 Year in Review, which assembles the 20 posts from last year that received the most reader interest.

Tenth Circuit Affirms That Primary Insurer’s Insolvency Did Not Trigger Excess Insurer’s Obligation

An Oklahoma corporation distributed a drilling mud viscofier containing asbestos to the oilfield between 1966 and 1985.  Thereafter, the corporation faced multiple personal injury suits based on asbestos exposure.  Its primary insurer from 1975 to 1984, however, was declared insolvent by a New Hampshire court in 2003 before the insurer had paid out any claims for bodily injury on the...

$2.5 Million Judgment Reversed In Pennsylvania Utility Pole Painter’s Case

An intermediate appellate court in Pennsylvania reversed a $2.49 million judgment in favor of a worker for injuries sustained after falling 40 feet while working as an employee of an independent contractor for a utility.  The lower court judgment was against the utility, which appealed on the grounds that the trial court erred by not granting its motion for judgment notwithstanding the...

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