ECA Environmental & Product Liability Litigation Report

The Roux ECA team is pleased to introduce ECA’s Environmental & Product Liability Litigation Report, or ECA Blog, for our clients and other interested parties. The report will track emerging trends in environmental and mass tort litigation and provide information and commentary on tort and bankruptcy litigation rulings, legislation, state and federal environmental regulations, insurance coverage issues, and scientific and medical evidentiary matters.
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Showing articles: Asbestos Litigation

Complimentary Published Article: Asbestos Trusts And Tort Litigation Are Still Not Aligned

August 12, 2025
For decades in asbestos litigation, personal injury law firms have been able to bring claims on behalf of their clients against two, independent compensation systems. The first is the tort system where public lawsuits are filed against dozens of corporate defendants and pursued in various state and federal courts across the country. The second is the asbestos bankruptcy trust system, which allows plaintiff attorneys to file claims against dozens of trusts on behalf of the same tort clients with little to no transparency or coordination with the parallel tort lawsuits.
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Complimentary Published Article: Asbestos Trusts’ Records Purge Threatens Claims Process

April 30, 2025
The long-running effort by government, asbestos tort defendants, and bankruptcy debtors to obtain a meaningful level of visibility into the multibillion-dollar asbestos bankruptcy trust compensation system, was challenged recently by announcements from 11 trusts. On January 15, these trusts filed notices updates to their record retention policies—including procedures for the destruction of legacy data and documents related to claims paid or otherwise resolved.
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Complimentary Published Article: The Asbestos Over-Naming and Trust Transparency Problem

March 28, 2024
The Asbestos Over-Naming and Trust Transparency Problem: A Philadelphia Case Study Written by Peter R. Kelso and Marc C. Scarcella of Roux & C. Anne Malik of Orrick, Herrington & Sutcliffe, LLP As traditional asbestos manufacturers have been litigated into bankruptcy...
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LTL Files Bankruptcy Reorganization Plan Seeking to Fund a $12 Billion Asbestos Trust

May 16, 2023
LTL Management, Inc. (“LTL”) filed a bankruptcy plan of reorganization and disclosure statement on May 15, seeking to fund a $12 billion bankruptcy trust to compensate current and future claimants alleging exposure to Johnson & Johnson talc products.
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Georgia Talc Cases Dismissed After Plaintiff’s Talc Expert Fails To Prove Causation

October 28, 2021
A three-judge panel of a Georgia appellate court on Oct. 28 dismissed four talc cases after finding that a plaintiff’s medical expert failed to prove that talc exposure was the proximate cause of the plaintiff’s injuries. The Georgia Court of...
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Johnson & Johnson Files Unit for Bankruptcy to Resolve Talc Liabilities

October 14, 2021
LTL Management Inc. (LTL) filed for bankruptcy protection in the Western District of North Carolina on Oct. 14, seeking to resolve thousands of talc personal injury claims filed against it in state and federal courts around the country. LTL is...
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