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Committee News SumSummermer 20 201917 COMMITEECOMMITTEE NEWS NEWS ToxicCorporate Torts Counsel and Environmental Committee Law The purpose of a newsletter is to provide specialized information to a tar- geted audience. Newsletters can be a great way to market your product or “Customer quotes, service, and also create credibility and build awareness for you and the called “pull quotes,” are services you provide. Use positive customer pull-quotes as eye-catching an excellent way to Legionella:but subtle marketing. The Inconspicuous Path demonstrate your suc- SinceTips its for discovery Producing in 1976, Legionnaires’a Newsletter Disease has garnered national attention Frankcess Pagone, and put PhD emphasis from the general public and stakeholders, including building owners, facility RHP Risk Management Inc. operators,Every time medical you produce professionals, your newsletter, risk managers, ask yourself:insurers, and attorneys. on your values. They Jacob Persky, MPH, CIH OutbreaksQ: Who are of Legionnaires’our readers? Disease frequently make headline news and result in RHPalso Risk add Management visual interest Inc. damageA: Existing to reputation, customers loss and of potential future business, customers, and costly litigation. Newsworthy to your newsletter...” high-dollar demands or settlements ranging from hundreds of thousands to millions Frank Pagone, PhD is a Q: What will our readers want to know about our business? Senior Associate at RHP Risk of dollars have graced news headlines. Within the past year, news coverage of - Carlos Vivanco A: Timely, helpful, problem solving information. Management Inc., Chicago, IL Legionnaires’ Disease has implicated a casino resort in Las Vegas, a hotel in the UK, He can be reached at fpagone@ a VA hospital in Illinois, federal buildings in Canada, and the municipal water system rhprisk.com. Jacob Persky MPH, forAdd the Valuecity of Flint, to YourMichigan. Newsletter Often such claims are brought absent conclusive CIH is a Principal Health Scientist clinical and environmental evidence linking an individual’s disease with an alleged at RHP Risk Management Inc., Keep your content as current as possible. If you publish a monthly letter, Chicago, IL He can be reached at point of exposure. Claims often proceed based solely on circumstantial evidence ensure you include content from only the last month. Also, use photo- [email protected]. such as travel history for the two weeks prior to symptoms onset (incubation period). graphs and other visuals to add interest and enable the reader to scan quickly for information. Read more on page 14 In This Issue • InLegionella: This The Issue Inconspicuous Path 1 • •ChairAdvantages Message 2 of a • EditorNewsletter Message 3 • The U.S. Supreme Court •SinksAdd The Value Bare toMetal Your DefenseNewsletter For Product... 5 • Beyond the Gateway Arch – Talc Litigation Update... 6 • Second Story • “A Lot” Is Not Enough for NYCAL Frequency Of •ExposureAnother 7 Story • You Thought You Were •CoveredBack Page 8 Story UnitingUniting Plaintiff, Plaintiff, Defense, Defense, Insurance,Insurance, and Corporate Corporate Counsel Counsel to to Advance Advance the the Civil Civil Justice Justice System System Toxic Torts and Environmental Law Summer 2019 Chair Message Dear Colleagues: Jonathan Lively Segal McCambridge Singer Before you scroll to the excellent content contained in these electronic pages, & Mahoney please allow me to remind you of this Committee’s other activities and invite you to become more involved. Our annual conference is the highlight of our year; it brings Jonathan Lively is a Shareholder based in Chicago and is the in-house counsel, experts, insurance representatives and many of the nations Chairman of his firm’s Product top practitioners together at the famous Hotel Del Coronado in sunny Coronado, Liability Practice Group. He has CA. Our 29th Annual will be held April 2, 2020 through April 4, 2020 and will feature over twenty years of experience panels discussing the hot, and a few up-and-coming, issues in our legal space. We representing clients throughout the country in toxic tort, product liability, hope to see you there! and transportation matters. Our next newsletter will be published this fall and we are currently calling for articles. It is published to the over 500 professionals who are members of our committee and all members can submit ideas for publication. If you have an article ©2019 American Bar Association, Tort you would like to publish please contact us. Trial & Insurance Practice Section, 321 North Clark Street, Chicago, Illinois Lastly, be on the look out in your email inboxes for our up-coming webinars. Several 60654; (312) 988-5607. All rights are in the planning stages and will be announced in the coming months. The reserved. webinars feature leading attorneys speaking on current topics they face in today’s The opinions herein are the authors’ court rooms. They are an informative and cost effective way to stay up to date and and do not necessarily represent the obtain CLE. views or policies of the ABA, TIPS or the Toxic Torts and Environmental I hope you enjoy this newsletter! Law Committee. Articles should not be reproduced without written permission from the Copyrights & Contracts office copyright@ americanbar.org. Editorial Policy: This Newsletter publishes information of interest Connect with Toxic Torts to members of the Toxic Torts and and Environmental Law Environmental Law Committee of the website Tort Trial & Insurance Practice Section of the American Bar Association — including reports, personal opinions, practice news, developing law and Stay Connected practice tips by the membership, as well as contributions of interest by with TIPS nonmembers. Neither the ABA, the Section, the Committee, nor the Editors We encourage you to stay up-to-date on important Section news, TIPS meetings endorse the content or accuracy of any and events and important topics in your area of practice by following TIPS on specific legal, personal, or other opinion, Twitter @ABATIPS, joining our groups on LinkedIn, following us on Instagram, proposal or authority. and visiting our YouTube page! In addition, you can easily connect with TIPS Copies may be requested by contacting substantive committees on these various social media outlets by clicking on any the ABA at the address and telephone of the links. number listed above. americanbar.org/tips 2 Toxic Torts and Environmental Law Summer 2019 Editor Message It is my pleasure to present the TIPS TTEL Summer Newsletter, which features five Jason A. Botticelli articles addressing a diverse range of interesting topics, from Legionnaires’ Disease Goldberg Segalla to the status of litigation in talcum powder cases. We also have articles dealing with changes in acceptable expert proof on causation in asbestos cases in NYCAL, the USSC’s recent decision on the duty to warn of a product manufacturer in maritime actions and changes to the Illinois Workers’ Compensation Act that are having rippling effects in civil litigation in that State. I hope that you enjoy these articles. Committee members and nonmembers are encouraged to submit article proposals for upcoming Newsletters, the next of which will be published this coming fall. Articles must be between 1,000 and 3,000 words and must be relevant to recent legal, environmental and/or medical developments that would be of interest to those practicing toxic tort or environmental law. Please submit any proposed articles to me via email, in Word format: jbotticelli@ goldbergsegalla.com. I would like to thank the authors that have taken the time to contribute to this edition, as well as the section members for their efforts in supporting this publication. A special thanks to Committee Chair, Jonathan Lively, for his help with this Newsletter and for his leadership on this committee. americanbar.org/tips 3 Toxic Torts and Environmental Law Summer 2019 americanbar.org/tips 4 Toxic Torts and Environmental Law Summer 2019 The U.S. Supreme Court Sinks The Bare Metal Defense For Product Manufacturers And The Foreseeability Test For Plaintiffs In Maritime Tort Law Asbestos Case: A Deep Dive Into Air & Liquid Systems Corp., et al. v. DeVries, et al., (2019) Synopsis Karleen Murphy The U.S. Supreme Court (“Court”) simultaneously rejected the defense favored Dentons, Los Angeles absolute “bare metal defense” and the plaintiff favored “foreseeability test” in a Karleen Murphy is a member of case that examined the liability of a product manufacturer’s “integrated product” Dentons’ Litigation and Dispute made dangerous from subsequently added asbestos-containing products selected Resolution practice, where she focuses her practice on toxic tort, and installed by the Navy pursuant to military specifications. Justice Kavanaugh product liability, and talc litigation. authored the 63 majority opinion joined by the Chief Justice and liberal Justices With 20 years of civil litigation Kagan, Ginsburg, Breyer, and Sotomayer in tow. experience, Karleen defends high profile corporate clients at trials in The issue was whether manufacturing defendants of “bare metal equipment” are state and federal courts in California liable for harm caused by subsequently added third party manufactured asbestos- and other jurisdictions. Karleen has been a featured speaker at civil containing products. Bare metal equipment is equipment manufactured and litigation legal conferences. delivered to the customer without asbestos insulation or other asbestos containing products, although such products
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