Mealey's Asbestos

  • March 25, 2021

    Judge Admits, Limits Untimely Expert, Strikes Unqualified Asbestos Testimony

    SAN FRANCISCO — A federal judge in California rejected on March 19 the “transparent gamesmanship” in an attempt at excluding an expert report rendered untimely by mutual error, saying that a widow could rely on it only to the extent it is offered as rebuttal causation testimony.  In a March 23 opinion, the judge excluded a pulmonologist’s testimony on the state of the art and her opinion about whether asbestos exposure from steam traps caused a man’s death.

  • March 25, 2021

    Evidence Can’t Link Man, Asbestos Insulation Work, Federal Judge Says

    GREENSBORO, S.C. — A man’s testimony that he heard that a defendant performed worked for his employer is not sufficient evidence from which one could conclude that the man was exposed to asbestos, especially since other evidence strongly suggests that it was a third entity that actually performed the insulation work, a federal judge in North Carolina said March 22 in granting a company summary judgment.

  • March 25, 2021

    Supreme Court: Ford’s Contacts Create Jurisdiction In Used-Car Injury Cases

    WASHINGTON, D.C. — Ford Motor Co.’s substantial efforts at wooing customers in certain forums create jurisdiction in those states, even where the vehicles in question were not designed, manufactured or originally sold in the state, the U.S. Supreme Court said March 25 in affirming two lower court rulings.

  • March 25, 2021

    Supreme Court:  Ford’s Contacts Create Jurisdiction In Used-Car Injury Cases

    WASHINGTON, D.C. — Ford Motor Co.’s substantial efforts at wooing customers in certain forums create jurisdiction in those states, even where the vehicles in question were not designed, manufactured or originally sold in the state, the U.S. Supreme Court said March 25 in affirming two lower court rulings.

  • March 23, 2021

    Plaintiff/Defense Experts Testifying Since Jan. 1, 2002

    (Includes plaintiff and defense experts who testified in trials covered in The Report since Jan. 1, 2002.)

  • March 23, 2021

    California Jury Awards $2.69M In Long-Running Virtual Asbestos Case

    SAN FRANCISCO — Nearly six months after an all-virtual trial started, a California asbestos case ended March 8 with a $2,696,700 verdict in favor of a mesothelioma sufferer.

  • March 23, 2021

    Asbestos Defendants Disavow Duty To Iranian Oil Refinery Workers

    LOS ANGELES — The assistance an oil company consortium lent to Iran did not create a duty to protect the employee of one of the country’s oil refineries, and a California appeals court should follow every other court to have considered the issue and reject liability, appellees argue in a March 1 brief.

  • March 23, 2021

    Justice: Retailer Can’t Eliminate Liability In New York Asbestos-Talc Suit

    NEW YORK — Claims that at most the evidence shows that Johnson & Johnson talc contained asbestos and that a retailer sold some J&J talc merely points to gaps in a woman’s proof, and the retailer cannot escape liability simply because it is not a manufacturer, a New York justice said March 3 in denying summary judgment.

  • March 12, 2021

    COMMENTARY: Over-Naming Of Asbestos Defendants: A Pervasive Problem In Need Of Reform

    By Mark A. Behrens and Christopher E. Appel

  • March 22, 2021

    Judge: Exposure Knowledge A Jury Question In FELA Asbestos Case

    SEATTLE — Merely telling a doctor of potential asbestos exposures at work does not start the clock on a Federal Employers Liability Act (FELA) claim, and the question of when a claimant knew of the occupational source of his disease is a jury question under Ninth Circuit U.S. Court of Appeals precedent, a federal judge in Washington said March 10 in adopting a report and recommendation denying a railway summary judgment.

  • March 19, 2021

    Valve Maker Can’t Escape Rhode Island Asbestos Case

    PROVIDENCE, R.I — Evidence that a company supplied valves to a worksite, including some that contained asbestos, combined with a man’s testimony that he worked with the company’s valves creates questions sufficient to overcome summary judgment, a Rhode Island judge said March 16.

  • March 18, 2021

    Judge: Allegations Navy Required Asbestos Keep Case In Federal Court

    NEW ORLEANS — Allegations that the government mandated that a shipbuilder use asbestos satisfy the removal standard, even in light of evidence that asbestos-free parts were among those on the government-approved list, a federal judge in Louisiana said March 16 in denying remand.

  • March 17, 2021

    Iowa Third-Party Asbestos Law Not Limited To Manufacturers, Court Says

    DES MOINES, Iowa — Plaintiffs have not shown that Iowa law precluding liability for third-party parts applies only to manufacturers or that the resulting narrowing of liability is an absurd result, an Iowa appeals panel said March 17 in affirming dismissal of the suit.

  • March 17, 2021

    Late Asbestos Case Removal Still Timely, Colorable Defense Raised, Judge Says

    NEW ORLEANS — A complaint disclaiming liability for federal officer actions gave defendants no reason to suspect that an asbestos case involved federal jurisdiction, the defendant cannot be considered to have known based on previous litigation and the eventual removal was timely based on subsequent actions in the case, a federal judge in Louisiana said March 12 in denying remand.

  • March 17, 2021

    Judge Won’t Grant Blanket Exclusion Of Asbestos Bankruptcy Documents

    NEW ORLEANS — Because exceptions exist under which asbestos bankruptcy documents could be admitted at trial, a blanket exclusion would be inappropriate, a federal judge in Louisiana said March 12 in denying reconsideration.

  • March 16, 2021

    Analyzing DeVries, Judge Keeps Turbine Maker In Asbestos Suit

    BOSTON — There is sufficient evidence of exposure to General Electric Co. turbines and that the products were insulated with asbestos for liability under maritime law, a federal judge in Massachusetts said March 11 in partly denying a defendant company’s motion to for summary judgment and giving Air and Liquid Systems Corp. v. DeVries, 139 S. Ct. 986 (2019), “life and meaning.”

  • March 15, 2021

    Judge Won’t Reconsider Frye Genetic Test Ruling In Asbestos-Talc Case

    CHICAGO — A motion seeking reconsideration of a ruling denying genetic testing of a woman suffering from mesothelioma allegedly caused by asbestos in talc was denied by an Illinois judge on March 12 during a hearing, sources told Mealey Publications.

  • March 12, 2021

    5th Circuit Affirms Employer’s Summary Judgment In NASA Asbestos Case

    NEW ORLEANS — A case involving a NASA engineer’s alleged asbestos exposures belonged in federal court, did not involve prejudicial discovery violations and cannot escape Louisiana’s workers’ compensation exclusivity provision, a Fifth Circuit U.S. Court of Appeals panel said March 9 in withdrawing a previous opinion and affirming a lower court.

  • March 12, 2021

    Jury Returns Defense Verdict In Virtual Refractory Product Asbestos Trial

    SEATTLE — A virtual Washington state jury returned a defense verdict March 10, rejecting a mesothelioma sufferer’s claim that his disease arose from exposure to a company’s refractory products, sources told Mealey Publications.

  • March 12, 2021

    California High Court Won’t Address Trial Preference-Forum Issue

    SACRAMENTO, Calif. — According to its docket, the California Supreme Court on March 10 rejected a petition for review and declined to wade into an asbestos-talc case dispute over trial preference and forum non conveniens where the appeals court found the need for relief “obvious.”

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