Real-Time Court Decisions and Other Developments in Asbestos Litigation.
On July 25, the District Court for the Northern District of New York in Mulhern Gas Co. v. Mosely ruled that New York has the power to enact the All-Electric Building Act (AEBA). The decision clears the way for the AEBA to take effect in 2026, making New York the first state to require (most) … Continued
California – as part of effort to reduce the environmental impact of maritime shipping, particularly within vulnerable port-side communities – has implemented one of the most ambitious port-emission control programs to date. California’s At-Berth Regulation (ABR), implemented in 2007, is a key environmental policy created to reduce air pollution from nonvehicular sources. Since 2014, the … Continued
Court: Massachusetts Superior Court, Middlesex County A Massachusetts jury awarded plaintiff Janice Paluzzi $8 million in damages against defendant Johnson & Johnson and Johnson & Johnson Consumer Inc. (collectively, J&J). Plaintiff filed a lawsuit against numerous defendants, including J&J, alleging her use of talcum powder products manufactured by defendants, including Johnson’s Baby Powder and Shower … Continued
Court: Superior Court of Connecticut, Judicial District of Bridgeport Plaintiff Jacob Russell Herman Sr. filed an action in the Superior Court of Connecticut as the surviving spouse and executor of the estate of the late Elaine Adelia Hickey Herman, following her death from mesothelioma. Plaintiff alleged the decedent’s mesothelioma was the result of take-home exposure … Continued
Last month, the New York State Assembly demurred from taking up a vote for the second time on the Packaging Reduction and Recycling Infrastructure Act (“PRRIA”). The PRRIA was designed to cause a restructuring of the life cycle of packaging within the state by fundamentally shifting the burden of handling packaging waste from municipalities and … Continued
New York Gov. Kathy Hochul announced June 25 that she is directing New York Power Authority to add at least one gigawatt of new nuclear power generation by building a zero-emission nuclear power plant somewhere in upstate New York. This announcement, four years after the 2021 closure of the Indian Point nuclear plant due to … Continued
Influenced by laws in existence in multiple states, including California, Colorado, Maine, Maryland, Minnesota, New Jersey, Oregon, and Washington, the New York State Legislature has examined in recent years extended producer responsibility (EPR) legislation intended to hold producers accountable for managing their packaging at the end of life. The Packaging Reduction and Recycling Infrastructure Act … Continued
Court: United States Bankruptcy Appellate Panel for the Ninth Circuit Debtor Ben Nye Co. Inc., a manufacturer and distributer of theatrical makeup, filed for subchapter V bankruptcy in March 2024. Its proposed bar date order and subchapter V plan were each confirmed by the United States Bankruptcy Court for the Central District of California shortly … Continued
Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit Mr. May died from Mesothelioma and the plaintiffs filed a wrongful death and survival action alleging the decedent was exposed to asbestos while working as a Stevedore between the mid-1960s and through the 1970s. One of the defendants sued was the decedent’s past employer, Louisiana Stevedores , … Continued
A high-stakes environmental trial is unfolding in New Jersey, where the state is taking on E.I. DuPont de Nemours and its related entities over widespread PFAS contamination at the former Chamber Works facility in Salem County. The outcome of this case — one of the most closely watched environmental proceedings in the country — could … Continued