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July 30, 2015

David Lutz Weighs In On Asbestos Litigation for Law360

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David Lutz offered insights on the implications of two asbestos cases which made Law360's "Top Product Liability Cases of 2015" midyear report.

In one case, David discusses a Texas Supreme Court ruling, Abutahoun et al. v. Dow Chemical Co., which found that a Texas state law generally shields premises owners from liability for injuries to independent contractors' employees.

"In Texas, those claims now require a higher burden even when the exposure may have occurred as a result of premises owner's alleged activities." David said. (Law360)

David also commented on a New York state appeals court ruling which affirmed a decision allowing plaintiffs to seek punitive damages in the New York City asbestos litigation, a point of major controversy in the decades-old case. The court also found that the defendants are entitled to sufficient notice of these claims and that claims must be made prior to the completion of the evidentiary phase at trial. 

"The ruling offers some insight on the protocol to give defendants earlier notice, and an opportunity to seek discovery and assemble evidence," said David. (Law360)

In his 23 years of practice, David has defended asbestos litigation as regional and national counsel on behalf of over a dozen clients in multiple jurisdictions. He manages all asbestos and silica litigation handled by the Minneapolis office.

 Read David's comments and the full article here.