Category: Asbestos Litigation Analysis

The U.S. Environmental Protection Agency filed a brief Feb. 7 with the Fifth U.S. Circuit Court of Appeals to uphold its prior rule banning chrysotile asbestos.

The rule was issued by the EPA pursuant to relevant provisions of the Toxic Substances Control Act, 15 U.S.C. § 2605, et seq (“TSCA”). Under the TSCA, Section 6(a) granted the EPA with the authority to regulate or restrict the manufacture, processing, distribution, use, and disposal of a chemical substance if it is determined to present an “unreasonable risk” …

The 2024-2025 Judicial Hellholes report shines its brightest spotlight on 10 jurisdictions that have earned reputations as Judicial Hellholes. Asbestos litigation continues to be a trend within numerous jurisdictions. Specifically, it appears we can continue to count on asbestos litigation in various jurisdictions making the Judicial Hellhole list due to abusive filings and plaintiff-friendly judges and jurisdictions.

New York remains high on the list with South Carolina following closely behind and Cook County, Illinois, and St. Louis, Mo., placing within the Top 10. 

As a …

The U.S. Environmental Protection Agency on Dec. 3 issued Part 2 of a final risk determination providing an overview of the hazards of asbestos “to workers in certain conditions.” The agency will soon begin the risk management process to address the “unreasonable risk” associated with legacy use and associated disposal of asbestos. 

EPA announced previously Part 1 of the final rule in March. That initial section banned the use and import of chrysotile asbestos under the Toxic Substances Control Act (TSCA). Although there are several …

Since its initial appearance on the Judicial Hellholes list in 2020, South Carolina asbestos litigation continues to move up. South Carolina has earned a reputation for bias against corporate defendants, unwarranted sanctions, low evidentiary requirements, liability expanding rulings, unfair trials, severe verdicts, a willingness to overturn or modify jury verdicts to benefit plaintiffs, and frequent appointment of a receiver to maximize recoveries from insurers.

As described in the 2023/2024 Judicial Hellholes report, the2024 asbestos litigation filings are overall 8% higher with 153 more lawsuits filed …

The shipping industry is an extensive and foundational mode of global transportation and resource distribution. The men and women who work aboard the U.S. fleet are routinely exposed to varying types of cargo, machinery, and unfortunately, a vast array of harmful materials such as asbestos. According to the NGO Shipbreaking Platform, asbestos can still be found in over 65 percent of vessels, including 50 percent of all new-builds despite it being a banned material in shipbuilding since July 2002. It is estimated that a commercial …

Perhaps unsurprisingly, New York City — and New York City Asbestos Litigation or NYCAL — continues to hold its position as a judicial hellhole in 2024.

However, New York City was once ranked second; it is now ranked third, so perhaps this can be considered an improvement. The 2023-2024 Judicial Hellholes report is intended to shine a spotlight on nine jurisdictions that have earned reputations as Judicial Hellholes for various reasons.

As of July 2023, asbestos litigation filings increased more than 30 percent year over …

Several states over the past year have eliminated limitations that have been part of Wrongful Death Acts. 

In Maine, the Legislature enacted “An Act to Amend the Laws Governing Damages Awarded for Wrongful Death.” As a result, the cap for wrongful death, non-economic damages — loss of comfort, society, and companionship — was increased from $750,000 to $1,000,000 and will automatically be adjusted for inflation each year. The punitive damages ceiling was raised from $250,000 to $500,000, and the timeline for commencing a wrongful death …

On August 30, 2023, a Hawaii court ruled on 3M’s motion to compel blood sampling for the purposes of genetic testing in an asbestos matter. Hawaii First Circuit Judge James H. Ashford granted 3M’s motion in the McCabe v. 3M Co., et al matter.

Plaintiff Randolph McCabe filed suit in Hawaii’s First District in October 2022.  McCabe worked as a warehouse employee for Acuron and Associated Insulation Co. from the early-to-mid 1980s. He alleged that although he occasionally wore respirators (including 3M’s 8710 model) he …

On Thursday, KCIC posted their 2023 Mid-Year Asbestos Filings Update. This update is compiled using information collected through July 31. Here are some highlights from the update:

Asbestos-Related Lawsuits Increase After Last Year’s Decrease

The number of asbestos-related lawsuits decreased from 2021 (1,972) to 2022 (1,922). However, 2023 shows an increase in the number of filings over the same span (1,963). In addition, the number of filings in 2023 is down from the high point of the last five years in 2019 (2,191).  …

KCIC recently issued its latest industry report: Asbestos Litigation: 2022 Year in Review, which collected data through January 31 of this year, and assessed that data alongside statistics from its 2021 Year in Review.   

Several takeaways from the update, each addressed at greater length below, are as follows:  

1. As of January 31, 2023, the total asbestos filings reflected a decrease of 7 percent compared to total filings in 2021.   
2. Mesothelioma filings increased 2 percent in 2022; however, filings for other disease types, including lung