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Florida 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 […]
LEARN MOREClient Alert: Washington State Asbestos Update 1/9/2018 Noll v. American Biltrite Inc. Remand: 188 Wash.2d 402, 395 P.3d 1021 (January 8, 2017) Trial Court Order: December 15, 2017
SUMMARY On remand by the Washington Supreme Court, trial court denied plaintiff’s motion to establish personal jurisdiction over out-of-state supplier of asbestos used as component of asbestos-cement pipe. FACTS Plaintiff developed mesothelioma after exposure to a variety of asbestos-containing products throughout a lifetime of work, including a cement pipe manufactured […]
LEARN MOREClient Alert: Updates on Personal Jurisdiction Rulings in Washington State
Deggs v. Asbestos Corp., Ltd., 186 Wn.2d 716, 381 P.3d 32 In Deggs, our Supreme Court was asked to revisit, and reconsider, a case-law gloss on Washington’s wrongful death statute, which had emerged out of a series of decisions starting when Woodrow Wilson was in the White House and ending […]
LEARN MOREU.S. Supreme Court Further Limits Jurisdiction Over Actions Filed by Out-Of-State Plaintiffs Against Out-Of-State Defendants Margaret Johnson is Of Counsel in Foley & Mansfield’s Los Angeles office. She focuses her practice in Toxic Tort / Mass Tort and Product Liability.
by Margaret Johnson On June 19, 2017, the United States Supreme Court issued the third, and most important, of its corporate jurisdiction cases this term — Bristol-Myers Squibb v. Superior Court of California, 2017 WL 2621322. In Bristol-Myers, several hundred plaintiffs (including 86 California residents) from 33 states filed suit […]
LEARN MOREClient Alert: Florida Asbestos Update – Constitutional Challenge to Medical Criteria Law
Florida enacted a medical criteria law in 2005, which limited the kinds of cases which could be filed. Essentially, only meso, other cancers, non-smoking lung cancers, and asbestosis with an ILO of 2/2 or higher could be filed. This clearly had an huge impact on the filings in Florida. Recently, […]
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