Mealey's Asbestos

  • June 07, 2022

    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.

  • June 07, 2022

    Jury In California Take-Home Asbestos Door Exposure Case Awards $43.8M

    LOS ANGELES — A California jury on May 20 awarded $43.79 million in a take-home asbestos exposure case and found the door manufacturing defendant 50% liable for the woman’s mesothelioma.

  • June 07, 2022

    Amicus Warns Of Dangers Of Procedure Deviation In Asbestos Liability Appeal

    ALAMEDA, Calif. — Asbestos cases in particular require that courts follow established procedures to prevent the type of evidence and liability shifting seen in the litigation, an amici curiae told a California appeals court April 27 in urging it to reject a trial court’s order increasing the liability of a defendant.

  • June 06, 2022

    COMMENTARY: Does “No” Mean “No”?

    By Edward R. Hugo and Bina Ghanaat

  • June 06, 2022

    California Jury Finds No Link Between Asbestos, Colon Cancer

    LOS ANGELES — At the conclusion of a bifurcated trial in California, a jury on May 23 returned a defense verdict for an industrial oven manufacturer, finding that asbestos exposure is not a contributing factor to colon cancer.

  • June 02, 2022

    Maryland Top Court Finds Internet Talc Samples Admissible Evidence

    BALTIMORE — A reasonable juror could conclude that sealed talc bottles obtained from various locations through the internet are original products, and the plaintiff need not have established a chain of custody dating to their creation, the Maryland Court of Appeals said May 31 in affirming a lower court’s reversal of exclusion of the bottles as evidence.

  • June 02, 2022

    New York Justice Won’t Dismiss Long-Running Asbestos Case On Forum Grounds

    NEW YORK — Having availed itself of New York courts for more than a year, a defendant in an asbestos action cannot now seek to have the action dismissed on forum non conveniens grounds, a New York justice said May 4 in rejecting arguments regarding burdens on both the defendant and the court.

  • June 02, 2022

    Asbestos Attorney Appeals Ohio Judge’s $250,000 Sanction

    CLEVELAND — An asbestos attorney on May 19 appealed an Ohio judge’s order imposing a $250,000 sanction on him and his firm for allegedly repeatedly filing meritless successor liability claims.

  • June 01, 2022

    Defendant Exits Bartender Asbestos Case; 2nd Fights Employment Record Subpoena

    NEW ORLEANS — A federal judge in Louisiana on May 26 granted a defendant’s unopposed motion for summary judgment in a take-home asbestos case brought by a former bartender while being told by a second defendant to quash a subpoena seeking employment records that include private information that the owners do not wish released.

  • June 01, 2022

    N.Y. Court:  Death Benefit Claim Arises At Death, Separate From Injury Claim

    ALBANY, N.Y. — Even when an existing occupational injury claim exists, a death benefits claim arises only on death and remains a separate claim, a New York appeals court said May 26 in finding that the claim arose after the special fund stopped accepting new claims.

  • May 31, 2022

    Illinois Jury Awards $7.7M In Asbestos Case, Finds Plaintiff 48% Liable

    CHICAGO — An Illinois jury on May 25 awarded the family of a pipe fitter $7.7 million in a premises liability case but found contributory negligence of 48% for his intermittent use of a mask and returned a defense verdict for a second defendant.

  • May 25, 2022

    Judge:  Government Contractor Defense Requires Specific Asbestos Product Knowledge

    NEWPORT NEWS, Va. — To prevail on its government contractor defense, John Crane Inc. must show not only that the U.S. Navy knew of the dangers of asbestos, but that it knew specifically of the dangers the company’s products posed, a federal judge in Virginia said May 23 in partially sustaining objections to a magistrate judge’s ruling.

  • May 25, 2022

    Federal Judge Says Review Of Order Is Moot In Asbestos Liability Suit

    NEW ORLEANS — Review of a magistrate judge’s order allowing a purported asbestos product supplier to file a supplemental answer in an asbestos coverage suit is moot because the supplier already responded to a new allegation related to Louisiana Insurance Guaranty Association’s (LIGA) obligations regarding the insolvent insurer, a Louisiana federal judge said May 11 in denying the motion for review.

  • May 24, 2022

    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.

  • May 24, 2022

    Judge Denies Remand, Summary Judgment In Asbestos Case

    NEW ORLEANS — In a trio of May 17 asbestos case rulings, a federal judge in Louisiana denied remand, denied summary judgment on the question of derivative sovereign immunity as premature and said a bankrupt defendant’s insurance proceeds are the property of its estate but that whether the automatic stay applies to them is a question for the bankruptcy court.

  • May 24, 2022

    Company Makes Last-Ditch Effort At Overturning $300,000 Asbestos Trial Sanction

    COLUMBIA, S.C. — A trial court imposed historic sanctions on a company awarded a defense verdict after its in-trial production of evidence never previously requested in the case, an unfair, unlawful and illogical result the South Carolina Supreme Court must review, a company argues in a May 6 reply brief.

  • May 24, 2022

    Federal Judge Grants 2 Joint Motions To Dismiss Asbestos Liability Suit

    NEW ORLEANS — A Louisiana federal judge on May 17 issued two orders granting separate joint motions to dismiss with prejudice against two defendants in an asbestos liability coverage suit alleging that a man contracted malignant mesothelioma and died due to his inhalation of asbestos fibers.

  • May 23, 2022

    Judge Orders Hospital To Produce Asbestos Pathology Materials

    MIAMI — A federal judge in Florida on May 11 granted a motion to compel and ordered a hospital in the state to comply with a subpoena and produce asbestos-related evidence of one of its patients.

  • May 23, 2022

    Illinois Court Reverses Contempt Finding Against J&J, Talc Witness

    MOUNT VERNON, Ill. — A judge incorrectly found Johnson & Johnson and its witness in direct contempt for her failure to appear at trial, and because the judge failed to employ the proper due process safeguards, simply finding indirect contempt is not possible, an Illinois court said in reversing on May 18.

  • May 23, 2022

    Judge Won’t Block Amended Complaint In Asbestos Bankruptcy Trust Auditor Case

    JACKSON, Miss. — A federal judge in Mississippi on May 5 rejected an objection to a magistrate judge’s ruling allowing a doctor to add a claim against an asbestos trust auditing company, saying that while reasonable minds could differ on the good cause behind an unexplained and untimely amended complaint, nothing in the ruling evidences an abuse of discretion.

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