The Court of Appeals placed the burden on Travelers to prove which asbestos claims were subject to aggregate limits or any other exclusion or limitation “because certain insurers in the asbestos coverage arena historically destroyed coverage documentation pursuant to an intentional scheme seeking to thwart legitimate claims,” necessitating the reconstruction of potentially applicable coverage by extrapolating from the limited policies available and filling in missing or incomplete provisions.
While the new rule is not yet final, it is clear that regulators are revisiting standards and risk assessments related to ethylene oxide, which could markedly impact facility operations and litigation strategy. Companies with actual or potential EtO litigation exposure should keep abreast of this shifting environmental regulatory landscape.
The case demonstrates why defendants must carefully assess the bases and potential outcomes of removing a case to federal court based on the theory that another defendant was improperly joined.
The second Trump administration appears to be changing the FDA approval landscape and new opportunities and pitfalls abound for defendants seeking to establish the all-powerful preemption defense.
In-house counsel at engineering and construction firms need to prepare for this fast-evolving landscape
Early applications of Loper Bright suggest that the rollback of Chevron deference could meaningfully reshape agency authority and corporate liability in environmental cases.
Why we expect a significant responsive uptick in state AG enforcement to fill the vacuum left by DOJ and other federal regulators.
Companies must develop a coherent, consistent, and comprehensive strategy at each stage of a recall, the public announcement, and subsequent litigation.
Jurors’ skepticism about the truth and accuracy of scientific evidence offered by the parties in litigation is a disturbing trend from 2025 that likely will continue to grow in 2026.
