Mealey's Asbestos

  • July 12, 2022

    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.)

  • July 12, 2022

    Plaintiff: Expert Testimony Sufficient, Ford’s Challenges Waived

    GREENSBORO, N.C. — Ford Motor Co.’s single sentence about expert causation in a footnote failed to preserve the issue, and in a “strange contradiction” Ford challenges an opinion the company itself says the experts do not hold all while ignoring that the court found the testimony only one part of the case for denying summary judgment, plaintiffs told a federal judge in North Carolina June 28 in opposing reconsideration.

  • July 12, 2022

    Asbestos-Talc Defendant Says Evidence Didn’t Overcome Summary Judgment

    LOS ANGELES — Appellate review looks at a trial court’s ruling, not its reasoning, making the trial court’s reliance on unbriefed precedent irrelevant, and there is no reason to exclude corporate representative testimony, Avon Products Inc. told a California appeals court May 10 in a widower’s challenge to an award of summary judgment to the company.

  • July 12, 2022

    Judge Orders Discovery Into Asbestos-Talc Personal Jurisdiction Issue

    KANSAS CITY, Kan. — Because no clear answer exists on the question of whether the state enjoys personal jurisdiction over an asbestos-talc defendant, discovery limited to that question should occur before ruling on a motion to dismiss, a federal judge in Kansas said June 17.

  • July 08, 2022

    Judge Denies Motion Seeking To Bifurcate Lung Cancer Asbestos Case

    NEW ORLEANS — Because bifurcation would likely delay resolution of an asbestos lung cancer case and impose additional and unnecessary costs on parties and witnesses, there is no justification for it, a federal judge in Louisiana said July 5 in denying a request to bifurcate by defendants.

  • July 08, 2022

    Immediate Appeal Granted Of Ruling That LHWCA Preempts Asbestos Case

    NEW ORLEANS — The potential hardship that could result from holding a trial only to have an appeals court reverse a ruling finding that the Longshore Harbor Workers’ Compensation Act (LHWCA) preempts asbestos claims warrants granting an immediate appeal of summary judgment for one defendant, a federal judge in Louisiana said June 21.

  • July 07, 2022

    Man’s Retirement Tied To Asbestosis, Wasn’t Voluntary, New York Court Says

    ALBANY, N.Y. — A man who couldn’t find work because of his asbestosis and other medical conditions after being laid off didn’t voluntarily leave the labor market, a New York appeals court said June 23 in affirming an award of benefits.

  • July 07, 2022

    California Court Reverses $3M Punitive Damages Award In Asbestos-Talc Case

    LOS ANGELES — Evidence of a company’s negligence and that it knew asbestos in sufficient levels could cause disease does not rise to the type of malice, oppression or fraud required by executives for an award of punitive damages, a divided California appeals court said July 5 in reversing the award.

  • July 01, 2022

    New Jersey Top Court: Asbestos Warning To Employer Didn’t Discharge Duty

    NEWARK, N.J. — An asbestos manufacturer or supplier may not discharge its duty by warning only an employer, and a trial court properly instructed the jury on medical causation, a divided New Jersey Supreme Court said June 30 in reinstating a $2,380,000 verdict in favor of an asbestos plaintiff.

  • July 01, 2022

    New York Justice Denies Reargument In Third-Party Parts Asbestos Case

    NEW YORK — An asbestos plaintiff has not shown any error in a ruling that a vehicle manufacturer successfully established that its products did not contain asbestos and therefore it could not be held liable for third-party asbestos-containing parts, a New York justice said June 29 in denying the plaintiff’s bid for reargument.

  • July 01, 2022

    Judge Rules On Evidence, Summary Judgment Motions In Shipyard Asbestos Case

    NEW ORLEANS — A federal judge in Louisiana on June 15 issued a series of orders in which he admitted an asbestos expert, excluded evidence of collateral income sources and settlements and granted summary judgment to two defendants after finding the Longshore and Harbor Workers’ Compensation Act (LHWCA) provides the exclusive remedy for claims against a man’s employer.

  • June 30, 2022

    3rd Circuit Adopts Fiduciary Model For Future Claims Reps In Asbestos Bankruptcies

    PHILADELPHIA — Over the objections of insurers, the Third Circuit U.S. Court of Appeals on June 30 upheld the appointment of a representative for future asbestos claimants in the Chapter 11 bankruptcy of talc producer Imerys Talc America Inc., saying the bankruptcy court applied “in substance” the fiduciary standard for selecting such representatives that the panel adopted in its opinion.

  • June 30, 2022

    Now In Federal Court, J&J Granted More Time In Asbestos-Talc Fraud Class Suit

    TRENTON, N.J. — A federal judge in New Jersey on June 15 granted Johnson & Johnson (J&J) an additional month to respond to a class action’s fraud claims after the company argued that additional time was needed because the parties disagree over whether the stay in the bankruptcy case of talc supplier Imerys Talc America Inc. bars plaintiffs from pursuing claims that J&J withheld and destroyed evidence of asbestos contamination in talc.

  • June 30, 2022

    New York Court Won’t Stay Asbestos Trial Pending Valve Company Appeals

    NEW YORK — A New York appeals court on June 16 denied motions seeking a stay while a valve company appeals a pair of rulings that leave it facing trial in an asbestos case.

  • June 30, 2022

    Justice: Conflicting Testimony, Unsigned Affidavit Can’t Overcome Summary Judgment

    RIVERHEAD, N.Y. — Faulty, inadmissible affidavits and contradictory testimony do not establish asbestos exposure from a defendant’s pumps and are not enough to overcome summary judgment in an asbestos case, a New York justice said June 6 in granting the defendant’s motion.

  • June 30, 2022

    5th Circuit Briefed On LHWCA ‘Twilight Zone’ Claims Preemption

    NEW ORLEANS — Parties to a Fifth Circuit U.S. Court of Appeals case involving whether the Longshore Harbor Workers’ Compensation Act (LHWCA) preempts asbestos claims filed supplemental briefs on how “twilight zone” concurrent jurisdiction works when a state does not provide a workers’ compensation remedy and in June 27 and 28 letter briefs debated the impact of recent district court rulings.

  • June 30, 2022

    Federal Judge Dismisses Asbestos Suit Cross-Claims Against Insurer, Corporations

    NEW ORLEANS — One day after a shipbuilder defendant moved to dismiss its claims against cross-claim and third-party defendants in an asbestos liability coverage suit filed against corporations and their insurers, alleging that a man contracted malignant mesothelioma and died due to his inhalation of asbestos fibers, a Louisiana federal judge on June 21 granted the motion without prejudice.

  • June 29, 2022

    Garrett Motion: Asbestos Securities Class Should Be Dismissed With Prejudice

    NEW YORK — A third amended complaint largely rehashes previously dismissed allegations against Garrett Motion Inc. stemming from its asbestos-related spin off from Honeywell International Inc. and fails to show causation, the company told a New York federal court on June 24 in seeking dismissal with prejudice.

  • June 28, 2022

    New York Court Won’t Stay Asbestos Trial Pending Valve Company Appeals

    NEW YORK — A New York appeals court on June 16 denied motions seeking a stay while a valve company appeals a pair of rulings that leave it facing trial in an asbestos case.

  • June 28, 2022

    Co-Worker’s Asbestos Eyewitness Testimony Can’t Save Case, Pa. Court Says

    PHILADELPHIA — Co-worker testimony identifying asbestos-containing products simply by sight does not support a negligence claim, and a court did not err in excluding unauthenticated documentary evidence, a Pennsylvania appeals court said June 23 in affirming summary judgment for a defendant.

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