NEW YORK — Claims brought by eight separate plaintiffs that a company sold asbestos-containing boilers as well as replacement parts while knowing of the dangers adequately allege failure to warn and punitive damages, and the latter does not infringe on constitutional protections, a justice in New York said Jan. 22 in rulings filed in each of the cases.
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.
LOS ANGELES — A judge relied on Ford Motor Co.’s contention that it ceased using asbestos-containing brakes in 1983 in granting summary judgment, ignoring that the company continued requiring replacement parts to contain asbestos until more than 15 years later, a couple told a California appeals court on Jan. 4.
NEW YORK — A defendant in an asbestos case merely points to gaps in the evidence placing its products at a man’s worksite and makes conclusory statements about what witnesses can attest to without eliminating the possibility of exposure or that the products contained asbestos, a New York justice held Jan. 27 in denying summary judgment.
NEW YORK — Simply pointing to holes in an asbestos plaintiff’s case and making conclusory statements about product identification do not satisfy the standard for summary judgment, a New York justice held in denying a gasket company’s motion on Jan. 21.
NEW YORK — Conclusory statements from a corporate representative on company practices and two unsworn and unaffirmed expert affidavits on asbestos causation are not enough to secure summary judgment, a New York justice held Jan. 28.
LOS ANGELES — A California appeals court will hear oral arguments on March 5 after parties filed supplemental briefs with the court on whether a published opinion involving asbestos claims against oil companies involving Iranian oil refining controls a pending appeal against the same defendants.
MINNEAPOLIS — The two-year statute of limitations on suits for improvement to real property applies to asbestos abatement work performed in furtherance of a boiler replacement, the Minnesota Supreme Court said Feb. 3 in affirming summary judgment for the company.
TRENTON, N.J. — The New Jersey Supreme Court on Jan. 29 denied a petition for certification for an appellate court’s reinstatement of two asbestos-talc cases and its finding that rather than evaluating the methodology of two experts, the trial court simply adopted the defendants’ position.
LOS ANGELES — A judge initially recognized the implicit jury confusion required to hold Ford Motor Co. solely liable for a man’s mesothelioma, only to walk away from the position and let “miscarriage of justice” stand, amici curiae tell a California appeals court in a Jan. 6 brief urging reversal.
SACRAMENTO, Calif. — The California Supreme Court on Dec. 23 declined to review an asbestos ruling finding that cosmetics company Avon Products Inc. availed itself of California jurisdiction when it sold talcum powder in the state, according to the court’s docket.
SACRAMENTO, Calif. — A group led by the Asbestos Disease Awareness Organization (ADAO) on Jan. 26 asked the Ninth Circuit U.S. Court of Appeals to review the U.S. Environmental Protection Agency’s final risk evaluation for asbestos.
SAN FRANCISCO — A California appeals court on Jan. 19 denied a petition seeking immediate stay and petition for writ of mandate, prohibition or other relief in an asbestos case currently on trial in Alameda County. This is the second time the court has declined to wade into the trial. In October, the court denied a petition for writ of mandate and immediate stay after the judge declined to disqualify himself after he was heard in a different trial’s videoconference discussing potential asbestos exposures and his fears about his risk of mesothelioma.
NEW ORLEANS — Too many questions remain over whether a settlement resolving 1991 asbestosis claims envisioned the subsequent lung cancer and wrongful death claims now before the court, a federal judge in Louisiana said Jan. 29 in denying summary judgment to a defendant company.
ALBUQUERQUE, N.M. — Asbestos plaintiffs misconstrue the need for affidavits where the evidence alone suffices for summary judgment in favor of three defendants, but there is no evidence that those plaintiffs submitted sham affidavits in support of a case against a fourth, a New Mexico court held Jan. 26 in largely affirming a lower court ruling.
FRANKFORT, Ky. — A corporate representative’s testimony regarding personal and family use of talcum powder does not represent corporate knowledge about asbestos contamination or its conduct, and a trial judge erred in admitting the irrelevant testimony, a Kentucky appeals court said Jan. 29 in reversing in part and remanding for a new trial.
RICHMOND, Va. — A widow produces evidence that her deceased pipe fitter husband worked around insulators whose work created dust, but an expert report full of “red flags” does not permit the conclusion that the insulation contained asbestos, and there is no evidence that the premises owner and not the contractor controlled the work, a Fourth Circuit U.S. Circuit Court of Appeals panel said Jan. 27 in affirming a lower court ruling.
LOS ANGELES — Sufficient evidence supports a jury’s conclusion that a man was exposed to a defendant’s asbestos-containing J-M Transite pipe, and denial of a requested jury instruction did not prejudice the company, but the record lacks sufficient evidence of malice for the $15 million punitive damage award, a California appeals court said Jan. 27.
SEATTLE — While a mesothelioma sufferer currently falls short of meeting the causation standard under maritime law, it appears that ongoing discovery might assist him in his case alleging asbestos exposure in arc chutes, a federal judge in Washington said Jan. 22 in denying summary judgment.
SEATTLE — An expert produced for both causation and liability purposes in a Federal Employers Liability Act (FELA) kidney cancer case completely ignored questions of negligence, such as what a railroad knew about asbestos and diesel exhaust exposure and whether it acted appropriately, a federal judge in Washington said Jan. 22 in granting summary judgment.