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Toxics Defense 
Commentary, news and analysis of cases involving the defense of toxic torts claims.
Post Frequency: 0.1/day Last Entry: August 19, 2010 at 23:02:04 Recent Entries: 17
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The Law of Unintended Consequences: or, ?What do you mean you can?t tell me what the credits from prior settlements will be?? (Part 3)
Posted on August 19, 2010In the last two posts, I talked about what Proposition 51 was, why it came to be, some of the unanticipated consequences, and how judgments are calculated, including the mechanics of allocation of pre-trial settlements to post-trial credits for the...
The Law of Unintended Consequences, or "What do you mean you can't tell me what the credits from prior settlements will be?" (Part 2)
Posted on August 16, 2010As the prior post indicated, Proposition 51 (California Civil Code Section 1431.2) attempted to reduce lawsuits against defendant that represented ?deep pockets? by making liability for non-economic damages several, instead of joint, as had previously been the case...
The Law of Unintended Consequences: or, ?What do you mean you can?t tell me what the credits from prior settlements will be?? (Part 1)
Posted on August 10, 2010In 1986, the People of the state of California were fed up, as is often the case. At that time, they were fed up with trial attorneys who sued big companies in personal injury actions just because they had ?deep...
Trial Court Orders Re-Trial of $208 million case
Posted on July 23, 2010Bobby Evans worked for the Los Angeles Department of Water and Power for many years. Part of his work involved cutting asbestos-cement water pipe. On April 30th, a Los Angeles jury concluded that the dust he brought home on his...
Verdict Against Plant Insulation for Three Plaintiffs
Posted on January 30, 2009In December, a jury found against Plant Insulation in a San Francisco trial that involved three different decedents. The families of James Harris, William Hearn and George Wetch were awarded verdicts totaling $4.3 million dollars. In truly bad news for...
Nanotubes - the new Asbestos?
Posted on May 20, 2008I'm not going to try and describe what nanotubes are, aside from saying that they are very thin (1/50,000th the width of a human hair) man made [usually] carbon based tubes (fullerene "buckyballs" is another phrase that describes them, if...
California Adopts Sophisticated User Defense
Posted on April 03, 2008In Johnson v. American Standard ( California Supreme Court Case No. S139184 (4/3/08)) the California Supreme Court found the perfect case in which to finally adopt the "sophisticated user defense", something that the U.S. District Court predicted would occur in...
LA Superior Court General Order Overturned
Posted on December 18, 2007Los Angeles Superior Court has, for many years, had a General Order applicable in asbestos cases designed to avoid the need for defendants to bring full motions for summary judgment (and for the Court to analyze those motions and the...
$10.9 Million Asbestos Verdict
Posted on December 10, 2007On December 7th, a jury in Los Angeles found in favor of Plaintiff Mr. Pelleys in the amount of $10.9 million, for injuries the jury found were caused, in part, by defendant John Crane company's asbestos-containing products. Defendant John Crane...
Silica Case Resolved
Posted on December 07, 2007Plaintiff?s attorneys have been seeking to make Northern California the new seat of silica litigation since 2004. This week, the case that was scheduled to be the first to go to trial resolved as to all defendants. The ?mixed dust?...
California Complex Litigation Judge Censured
Posted on June 26, 2007The following concerns Judge Freedman, who is the Complex Litigation Judge for Alameda Superior Court, supervising all of the asbestos and silica cases: (06-26) 12:34 PDT OAKLAND -- A state judicial agency censured an Alameda County judge today but allowed...
Another Defense Verdict in San Francisco
Posted on June 08, 2007After two days of jury deliberation, counsel for Advocate Mines today handed the Brayton Purcell offices a defeat in a wrongful death mesothelioma case. The plaintiff, Mr. Shelton, who died at 87 years of age, was alleged by his counsel...
Tobacco Verdict Redux
Posted on May 11, 2007Plaintiffs' attorney Madeline Chaber has now tried the same case on the same set of facts for the same plaintiff against the same defendant -- and gotten much the same verdict. On March 20, 2000, a San Francisco jury awarded...
Dr. Ray Harron's Texas License Not Renewed
Posted on April 19, 2007Dr. Ray Harron first appeared on the national stage in 2005. Texas defense attorneys had noticed that many (if not most) of the 10,000 plaintiffs with silicosis cases pending in the M.D.L. had also filed claims alleging that they had...
SF Defense Verdict in Asbestos Case
Posted on April 18, 2007A jury in San Francisco Superior court has granted a defense verdict for General Electric, and was unable to reach a decision as to the liability of Union Carbide Corporation in the case of Philip Rincon v. A.W. Chesterton, SFSC...
Punitive Damages Limited
Posted on February 22, 2007The U.S. Supreme Court has issued a decision in Philip Morris USA v. Williams which appears to impose some limitations on punitive damage awards. In that case, a widow successfully sued, receiving a verdict for the death of her husband...
SV 40 Case Revived!
Posted on February 08, 2007The California Court of Appeals today reversed a trial court's ruling that had dismissed a case in which the plaintiffs alleged that a case of mesothelioma was caused by SV 40. In Carol Asker, et al., v. Wyeth Pharmaceuticals, Inc.,...
Medical Malpractice: Your Case Is On The Trial Calendar-Can Defense Lawyers Talk to Your Doctor?
Your New York attorney has notified the Court that your case is re...
The Grave Risk of Harm Defense in Hague Child Abduction Cases
A major debate is under way as to the future of the “grave risk ...
Self Defense
It's legal to defend yourself and your family
My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
It is my understanding that the 6th Amendment requires, that if you can't afford a lawyer in a criminal case, the Court must provide a lawyer in your defense at no charge to you. However, in a civil case no such protecti
That is not entirely true, even in the case of criminal cases. The court will pr...
I was called to give a deposition for the defense and the defendant is the person who stole our car, there is a chance that I will be called to satisfy at his trial. How can I get out of this, as my husband is to testify
If you were subpoenaed for the deposition you will need to appear or face prosec...
What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
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is===1My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
It is my understanding that the 6th Amendment requires, that if you can't afford a lawyer in a criminal case, the Court must provide a lawyer in your defense at no charge to you. However, in a civil case no such protecti
That is not entirely true, even in the case of criminal cases. The court will pr...
I was called to give a deposition for the defense and the defendant is the person who stole our car, there is a chance that I will be called to satisfy at his trial. How can I get out of this, as my husband is to testify
If you were subpoenaed for the deposition you will need to appear or face prosec...
What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
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