Mealey's Asbestos

  • January 28, 2021

    Asbestos Defendant Says Illinois Genetic Testing Ruling Overstepped Frye

    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.

  • January 28, 2021

    New York Justice: Dueling Experts Keep Asbestos Floor Companies In Lung Cancer Suit

    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.

  • January 27, 2021

    Railroad Employer Can’t Escape FELA Asbestos Suit

    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.

  • January 27, 2021

    California Consumer Action Over Asbestos, Talc Dismissed With Prejudice

    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.

  • January 27, 2021

    Missouri Top Court Rejects Appeal In Hairdresser’s Asbestos Workers’ Comp Case

    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.

  • January 26, 2021

    California Briefing Wraps On Challenge To Experts, $29M Asbestos-Talc Verdict

    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.

  • January 26, 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

  • January 26, 2021

    Premises Duty, Experts, Statute Of Repose Center Stage In Georgia Asbestos Appeal

    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.

  • January 26, 2021

    California Court Affirms Cost Ruling In Wake Of $22.1M Asbestos-Talc Verdict

    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.

  • January 26, 2021

    Judge: Friction-Parts Defendant Need Not Answer Broad Asbestos Interrogatories

    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.

  • January 26, 2021

    Punitive Damages Order, California Jury’s Asbestos Liability Finding Challenged

    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.

  • January 26, 2021

    Law Firm Study: Plaintiffs Over-Naming Defendants In West Virginia Asbestos Cases

    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.

  • January 26, 2021

    Compressor Company Says Apportionment Of $25M Asbestos Verdict All Wrong

    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.

  • January 22, 2021

    Court Affirms Ruling Finding Port Authority Control In Airport Asbestos Suit

    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.

  • January 22, 2021

    Judge Won’t Reconsider Severing, Not Remanding J&J Talc MDL Cases

    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.

  • January 21, 2021

    Baker’s Widow Seeks Reargument On Jurisdiction Over Asbestos Ovens

    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.

  • January 21, 2021

    Georgia Court Accepts 4th Case Involving Asbestos-Talc Causation

    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).

  • January 21, 2021

    Judge: Daughter Shows Proximity, Not Regular Or Frequent Asbestos Exposure

    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.

  • January 20, 2021

    Automaker Can’t Secure Exclusion Of Asbestos Experts, Cumulative Exposure Opinions

    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.

  • January 20, 2021

    Estate’s Meso Claims Barred In Old Chapter 11 Case, Bankruptcy Judge Says

    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.

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