Mealey's Asbestos

  • 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.”

  • March 10, 2021

    4th Circuit Hears Arguments Over Asbestos Causation Standard

    RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel heard oral argument March 9 about whether coworker testimony about a man’s work at a facility where workers installed and removed a second company’s asbestos-containing insulation should send a case to a jury and whether allowing juries to consider such de minimus asbestos exposures would completely destroy the substantial causation standard.

  • March 09, 2021

    Plaintiff/Defense Experts Testifying Since Jan. 1, 2002

    The following is a listing of plaintiff and defense experts who testified in trials covered by Mealey's Litigation Report: Asbestos since Jan. 1, 2002.

  • March 09, 2021

    Judge Won’t Reconsider Expert, Asbestos Settlement Exclusion Rulings

    NEW ORLEANS — A court properly excluded testimony regarding the dangers of tobacco use because defendants in an asbestos case presented nothing supporting the expert’s methodology, and the parties’ agreement makes reconsidering a ruling on the applicability of settlement documents unnecessary, a federal judge in Louisiana said March 4 in denying two motions.

  • March 09, 2021

    Deposition 1st Revealed Federal Ship Asbestos; Removal Timely, Judge Says

    NEW ORLEANS — The first evidence of an asbestos case’s removability came during a woman’s deposition, when she testified to boarding federal vessels and the dust that was present, a federal judge in Louisiana said March 2 in denying remand.

  • March 08, 2021

    New York Justice Opens Door To Jurisdictional Discovery In Asbestos Case

    NEW YORK — A couple is entitled to jurisdictional discovery to determine how a California company’s asbestos-containing doors came to be used in a New York theater renovation, a New York justice said March 1 in denying dismissal on jurisdictional grounds.

  • March 05, 2021

    J&J Says Trial Court Violated Intent, Language Of Georgia Asbestos Law

    ATLANTA — A Georgia judge improperly lowered the causation bar for ovarian cancer claimants alleging exposure to talc in violation of state law governing asbestos claims, Johnson & Johnson entities tell a Georgia appeals court in a Jan. 28 brief.

  • March 05, 2021

    Federal Judge Rejects Perjury, Bad Faith Claims In Asbestos Remand Fight

    NEW ORLEANS — A federal judge in Louisiana on Feb. 23 remanded an asbestos case for the second time, concluding that differences between affidavit and deposition testimony were not evidence of perjury or bad faith and that two defendants were not improperly joined to defeat jurisdiction.

  • March 05, 2021

    Divided Texas Court Finds Expert Testimony Falls Short Of Causation Standard

    AUSTIN, Texas — Richard Cohen’s expert testimony that laundering asbestos-tainted clothing resulted in a dose of exposure doubling a woman’s risk of mesothelioma lacks sufficient foundation, a divided Texas appeals court said March 2 in affirming summary judgment for a fiber supplier.

  • March 04, 2021

    Questions Remain Over Asbestos Liability After Paper Mill Sale, Justice Says

    NEW YORK — Questions remain over whether an asset purchase agreement (APA) leaves a buyer or seller liable for a paper mill’s asbestos suits, a New York justice held Feb. 17 in denying dismissal.

  • March 04, 2021

    9th Circuit Affirms Exclusion Of Mesothelioma Sufferer’s Predeath Declaration

    TACOMA, Wash. — A judge performed a thorough review of the evidence before excluding a predeath declaration in an asbestos case for lack of sufficient support, the Ninth Circuit U.S. Court of Appeals said March 1 affirming a judge’s ruling.

  • March 04, 2021

    $2.1B Asbestos-Talc Verdict Infected By Trifecta Of Issues, J&J Tells High Court

    ST. LOUIS — Consolidation of individuals with different medical histories, situations and some with no connection to the state papered over differences inherent in the 22 cases and, combined with questionable Missouri law on punitive damages, produced a $2.1 billion judgment in an asbestos-talc case, an award so implausible it warrants review of how courts handle mass torts, two Johnson & Johnson entities tell the Supreme Court in a March 2 writ petition.

  • March 04, 2021

    Judge Lifts Injunction On Covil Receiver’s Asbestos Actions Against Insurers

    CHARLESTON, S.C. — A ruling enjoining a dissolved company’s receiver from acting against insurers in state court asbestos actions was “improperly broad” and rendered it impossible for the receiver to perform assigned tasks, a federal judge in South Carolina said March 1 in granting reconsideration and withdrawing the injunction.

  • March 03, 2021

    Judge Says Fiduciaries Couldn’t Make Asbestos-Talc Disclosures

    NEWARK, N.J. — A securities class has not shown that disclosures regarding asbestos in talc could have been taken by plan fiduciaries or that the early disclosures would have resulted in less harm, a federal judge in New Jersey said Feb. 26 in dismissing an Employee Retirement Income Security Act case and granting one last chance at amendment.

  • March 02, 2021

    EPA, Asbestos Group Battle Over Proper Remedy In Data Collection Case

    SAN FRANCISCO — The government told a federal judge in California on Feb. 2 that courts can initiate rule making, but may not predetermine their outcome in asking him to alter or amend his ruling ordering the Environmental Protection Agency to collect more data on asbestos.  But in a Feb. 26 opposition, the Asbestos Disease Awareness Organization says the law supports the ruling and warns that an open-ended remand could result in lengthening the already “egregious” delay.

  • March 02, 2021

    5th Circuit Says NASA Engineer’s Asbestos Case Lacks Exposure Evidence

    NEW ORLEANS — At most, plaintiffs in federal court properly show that a company installed asbestos insulation at a NASA facility and that some of that insulation may have originated with a second defendant, but they never demonstrate a mechanical engineer’s proximity to that product sufficient for exposure, a Fifth Circuit U.S. Court of Appeals panel said Feb. 26 in affirming dismissals.

  • March 02, 2021

    Chlorine Group Seeks Seat At Asbestos Group’s Risk Evaluation Challenge

    SAN FRANCISCO — The Chlorine Institute, which represents prominent users of chrysotile asbestos in the United States, on Feb. 25 moved to intervene in a Ninth Circuit U.S. Court of Appeals case seeking review of the U.S. Environmental Protection Agency’s final risk evaluation for asbestos.

  • March 01, 2021

    Iowa Asbestos Defendants Want Pro Hac Vice Motion Resubmitted, Citing Errors

    COUNCIL BLUFFS, Iowa — Plaintiffs’ attorney Jessica Dean erroneously stated that she had never been denied admission by a court or subjected to sanctions when she sought pro hac vice status in an Iowa court, two asbestos defendants argue in a Feb. 25 motion seeking resubmission of the motion.

  • February 25, 2021

    United States Won’t Intervene In Libby, Mont., Asbestos False Claims Screening Suit

    MISSOULA, Mont. — The United States on Feb. 18 declined to intervene in a False Claims Act lawsuit in which a railroad alleges that a Libby, Mont., screening company crafted an asbestos-related disease only it can diagnose to certify thousands of patients as eligible for a special Patient Protection and Affordable Care Act (ACA) Medicare program, all while lacking the expertise or tools required to render such a diagnosis.

  • February 25, 2021

    Louisiana Court Finds Asbestos Case Abandoned Except Where Answers Were Filed

    BATON ROUGE, La. — Years of stagnation warrant finding that a plaintiff abandoned his asbestos case against one defendant, but answers filed by three other defendants evidence a waiver of any such claims, a Louisiana appeals court said Feb. 22 in partially affirming dismissal of the suit.

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