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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.