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Amended FRE 702 Creates Path for Expert Challenges in Talc Litigation
A recent update to the federal rules governing the use of expert testimony/evidence in federal court will widely impact how scientific and medical evidence is presented to juries in federal matters, including talcum powder litigation. With the change to Rule 702 of the Federal Rules of Evidence (“FRE 702”), defendants […]
LEARN MORESummarizing “ILR Briefly: The Asbestos Over-Naming and Trust Transparency Problem: A Philadelphia Case Study”
Introduction Asbestos litigation has become a cornerstone of the American legal landscape, spanning over four decades, and involving more than a million individual personal injury claims across state and federal courts. In 2012, a commentary titled “The Philadelphia Story: Asbestos Litigation, Bankruptcy Trusts, and Changes in Exposure Allegations from 1991-2010” […]
LEARN MOREMinnesota Legislature Seeks to Change Newly Effective Earned Safe and Sick Time Law
By now, employers should be familiar with and implementing (if applicable) Minnesota’s Earned Safe and Sick Time law (“ESST”) that took effect on January 1, 2024. ESST is paid leave that an employee may use when they or a family member are sick, need to see a doctor or medical […]
LEARN MOREFlorida’s Amended “Limited Appearance Attorneys” Rule Effective April 1
Effective immediately, “Limited Appearance Attorneys,” an amended rule of civil procedure, Rule 1.041 titled, takes effect. The rule provides clients with flexibility to pick and choose whether, when, and to what extent to involve appellate counsel as trial support for their chosen trial attorney. The rule will make it simpler for […]
LEARN MOREUpdate on the FDA’s Modernized Cosmetics Regulation Act: Impacts and Insights for Businesses and Consumers
Since its implementation on December 29, 2023, the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) has profoundly reshaped the cosmetics industry landscape. Now, more than three months into the enforcement of this landmark legislation, it’s clear that MoCRA has significantly expanded the FDA’s capacity to oversee and ensure the […]
LEARN MOREFlorida Law Update: Tort Reform
Finally, changes have come to Florida with regard to Tort Reform. On March 24, 2023, Governor Ron DeSantis signed HB 837 into law. The bill took effect immediately and applies to causes of action filed thereafter. Statute of Limitations With limited exceptions, Florida Statute § 95.11 (“Limitations of Actions”) provided […]
LEARN MOREUS Supreme Court Issues Landmark LGBTQ Employment Rights Decision
On June 15, 2020, the U.S. Supreme Court issued its Opinion on Bostock v Georgia, Zarda v Altitude, and Stephens v R.G. & G. R. Harris Funeral Home. The Court, in a 6 to 3 opinion, found that an employer who fires an individual merely for being gay or transgender […]
LEARN MOREFoley & Mansfield’s Response to COVID-19
To Our Valued Clients, Foley & Mansfield is dedicated to protecting the health and well-being of our employees, clients, and business partners. To that end, we have converted our 16 offices to remote status. We have initiated our Business Continuance Plan which will allow us to continue to deliver legal services […]
LEARN MOREMinnesota Court of Appeals Upholds Summary Judgment Granted in Favor of Asbestos Defendants Palmer v. Walker Jamar Co. & Honeywell Int’l, Inc., Nos. A18-2114, A19-0155 (Minn. App. Sept. 16, 2019).
On September 16, 2019, the Minnesota Court of Appeals upheld summary judgment granted in favor of asbestos defendants based on Minnesota’s statute of limitations and corporate dissolution statutes. Palmer v. Walker Jamar Co. & Honeywell Int’l, Inc., Nos. A18-2114, A19-0155 (Minn. App. Sept. 16, 2019). Appellant Deborah Palmer challenged the […]
LEARN MOREBreaking News! Daubert is Now Officially the Law of the Land in Florida
On May 23, 2019, “[t]he Court, according to its exclusive rulemaking authority pursuant to article V, section 2(a), of the Florida Constitution, adopts chapter 2013-107, sections 1 and 2, Law of Florida (Daubert amendments), which amended sections 90.702 (Testimony by experts) and 90.704 (Basis of opinion testimony by experts), Florida […]
LEARN MOREIllinois Legislature’s Attempt to Overturn Folta v. Ferro Engineering and What it Means for Employers in Illinois
Employers who find themselves sued in Illinois are probably familiar with reports of recent legislative activity dedicated to changing Illinois’ Workers’ Compensation and Illinois’ Occupational Diseases laws. More important than knowing changes are coming, though, is the need for employers to be aware of how these expected changes will impact […]
LEARN MOREClient Alert: Plaintiffs’ Counsel Seeks to Amend Style Order Precluding Defendants’ Right to Autopsy and Pathology
In August 2011, asbestos counsel on both sides of the bar and then Presiding Judge Sharon Armstrong met in court to discuss revisions to the Consolidated Pre-trial Order Re Asbestos Cases. Issues regarding latency of disease and access to pathology as evidence of exposure were a part of that in-court […]
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