CHICAGO — A court improperly focused on ultimate conclusions that might be drawn from genetic testing rather than if a blood draw is a generally accepted method of searching for genetic mutations, a company argues in a Jan. 26 motion seeking reconsideration of a ruling limiting testing of a woman.
NEW YORK — Juries decide disagreements between experts on lung cancer causation science, and the dueling opinions are not grounds for granting summary judgment, a New York justice said in a pair of Jan. 22 opinions denying the motions of two asbestos-flooring companies.
PORTLAND, Maine — A man’s testimony that vibrations caused by traffic on a bridge where he worked released asbestos dust satisfies the low bar for foreseeability under the constructive notice standard for causation in a Federal Employers Liability Act (FELA) lawsuit, a federal judge in Maine said Jan. 25 in denying the railroad summary judgment.
SAN DIEGO — Class members’ repeated failure to identify the specific talc advertisements on which they relied or the type of ongoing advertising campaign that would warrant an exception for California unfair competition law and other consumer claims warrants granting dismissal of a fifth amended complaint with prejudice, a federal judge in California judge said Jan. 22.
ST. LOUIS — The Missouri Supreme Court on Jan. 26 declined defendants’ request for transfer of a case in which a lower court found that the state’s workers’ compensation system erred on medical causation date of injury in a hair dresser’s mesothelioma claim.
LOS ANGELES — A woman awarded $29 million told a California appeals court that her expert laid the groundwork for admission of testing of historical samples of talc for asbestos and that causation was adequately proven. But in a Dec. 21 reply, Johnson & Johnson entities argued that absent a chain of custody, there is no way to know whether or how much asbestos contamination may have occurred during decades of storage and that there was no way to quantify the potential exposure.
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
ATLANTA — Whether an insulator or power plant owner controlled a man’s worksite, which entity is liable for his asbestos exposure, whether the Georgia statute of repose would protect the premises owner and whether a judge properly allowed an expert’s causation testimony are among the issues of first impression confronting the Georgia Court of Appeals in an asbestos appeal after briefing wrapped up Dec. 23.
SACRAMENTO, Calif. — A California appeals court on Dec. 11 declined to find that a trial court had discretionary authority to tax a prevailing party’s litigation costs in an asbestos case, saying the additional defendants were necessary to prosecution of the case.
CHARLOTTE, N.C. — A couple’s contested interrogatories — untethered to dates of employment or alleged exposure — are overly broad, and a motion seeking to compel a deposition is premature, a federal judge in North Carolina said Jan. 7 in denying the motion.
LOS ANGELES — Briefing on whether a jury could reasonably find Ford Motor Co. 100 percent liable for a man’s mesothelioma in light of the brake work he performed and whether the evidence required a judge leave in place a $25.5 million punitive damages verdict recently concluded with the plaintiff’s Dec. 23 reply brief filed in the Second District California Court of Appeal.
JACKSON, Miss. — Plaintiffs named on average more than 118 companies per asbestos suit in the July 2020 trial docket in West Virginia, with more than a third eventually dismissed with no liability, according to a Jan. 15 report by the law firm of Gay, Jones & Kuhn PLLC.
LOS ANGELES — A couple impermissibly urges a California court to allow liability apportionment based on moral blame, which risks turning the entire process into a punitive one, a company says in a Dec. 28 reply brief challenging a verdict holding it 60 percent liable for $25 million in damages.
NEW YORK — Sufficient questions exist about the level of control the Port Authority of New York and New Jersey retained over work occurring at the Pan American United Terminal Building at JFK Airport, a New York appeals court held in affirming denial of summary judgment for a defendant on Jan. 21.
TRENTON, N.J. — The court acted within its discretion in severing asbestos-talc plaintiffs to handle the “tangle of jurisdictional issues,” the plaintiffs fail to link a dismissed defendant to the company they claim keeps it in the suit and arguments about the nature of a third defendant are untimely, the federal judge overseeing the talc multidistrict litigation said Jan. 19 in denying reconsideration.
NEW YORK — A woman on Jan. 19 asked the justice overseeing the New York City asbestos litigation for reargument of a Jan. 11 decision finding that the court lacked jurisdiction over the successor to two oven manufacturers.
ATLANTA — The Georgia Court of Appeals on Jan. 19 granted interlocutory review in a fourth case brought by Johnson & Johnson challenging the applicable causation standard under the state’s asbestos claims act (ACA).
RALEIGH, N.C. — A federal judge on Jan. 19 granted a motor starter defendant’s summary judgment motion in an asbestos case, finding evidence of regular and frequent exposure lacking, while the plaintiff appealed a previous ruling granting the same relief to a company that allegedly exposed a man to asbestos when it installed insulation on steam pipes.
BRIDGEPORT, Conn. — Three experts in an asbestos action adequately ground their opinions in science and the facts of the case, and their cumulative exposure opinions differ sufficiently from the rejected opinion that every exposure leads to disease, a federal judge in Connecticut said Jan. 18 in admitting the experts and denying a defendant company summary judgment.
HOUSTON — Claims by the estate of a man who died from mesothelioma against former Chapter 11 debtor United Refining Co. were discharged and enjoined in the bankruptcy case, which was closed 28 years ago, a Texas federal bankruptcy judge ruled Jan. 16.