Mealey's Asbestos

  • July 07, 2021

    California Court Told Asbestos Deposition Time Challenge Built On ‘Fallacies’

    SAN FRANCISCO — The Legislature addressed the very complaints raised by defendants in challenging limits on asbestos depositions, recognized that other means existed to accomplish the goals of a deposition and chose to protect terminally ill mesothelioma suffers, plaintiffs told a California appeals court on July 2 in urging the court to dismiss a petition.

  • July 06, 2021

    Misrepresentation, UCL Claims Clear, Asbestos-Talc Class Tells 9th Circuit

    SACRAMENTO, Calif. — A class sufficiently alleges that consumer talc contained asbestos, that defendants misrepresented the safety of their products as a result and that producing a specific deceptive advertisement is unnecessary under California unfair competition law precedent due to the decades-long nature of the campaign, appellants tell the Ninth Circuit U.S. Court of Appeals in a July 1 brief.

  • July 06, 2021

    Parties Await Ruling On Motion To Compel Asbestos-Talc Testing Results

    GREENSBORO, N.C. — Parties to a dispute over whether an asbestos plaintiff produced the full lab results of testing on a consumer talc product await a federal judge in North Carolina’s ruling after wrapping briefing on May 7.

  • July 06, 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.

  • July 06, 2021

    Judge Orders Production Of Hospital’s Tissue Slides, Sanctions Asbestos Plaintiffs

    HARRISON, Ark. — Plaintiffs must draft an authorization allowing a hospital to turn over lung pathology slides of a woman who died of mesothelioma after alleged exposure to asbestos in talc she used as a hairdresser and, as a sanction for discovery violations, must produce their expert witness and pay associated court reporter fees, a federal judge said June 22 while also ordering the plaintiffs not to disturb the talc samples in their control.

  • July 02, 2021

    Nuclear Facility Owner Can’t Shake Georgia Asbestos Premises Liability Suit

    ATLANTA — Because questions remain about the level of control a power company retained over work at a nuclear facility, a trial court properly denied summary judgment on the issue of whether it owed a duty to prevent asbestos exposures, and on remand the court should analyze expert testimony and whether the company is entitled to protection under the statute of repose, a Georgia appeals court said June 30.

  • July 01, 2021

    Washington Jury Awards $16.67M In Asbestos Felts Case

    SEATTLE — A Washington jury on June 15 awarded $16.67 million to the widow of a man exposed to asbestos in dryer felts after a trial held remotely as a result of the coronavirus.

  • July 01, 2021

    Aircraft Parts Purchases Don’t Create Jurisdiction In New Jersey, Judge Says

    TRENTON, N.J. — A man’s alleged exposure in Maine to third-party asbestos-containing parts purchased in New Jersey does not give the latter state jurisdiction over the aircraft manufacturer, a federal judge in New Jersey said in granting dismissal on June 28.

  • July 01, 2021

    Louisiana Jury Awards $8.2M In Asbestos-Brake Case Against Ford

    NEW ORLEANS — An in-person Louisiana jury deliberated for an hour on June 30 before awarding $8,261,874.96 in a mechanic’s case claiming asbestos exposure from Ford Motor Co. brakes.

  • June 30, 2021

    Dismissed Asbestos Case Doesn’t Bar 2nd Filing, Georgia Court Says

    ATLANTA — A plaintiff’s death, combined with the widow’s dismissal of her claims without first properly substituting herself as representative, left no one to prosecute the action, a Georgia appeals court said June 25 in affirming a ruling allowing the woman’s second action to proceed.

  • June 30, 2021

    California Panel Says Trial Court Properly Set Aside Default Asbestos Judgment

    SAN FRANCISCO — The First District California Court of Appeal on June 29 affirmed a trial court’s decision to set aside a default judgment against an insured and further found that the trial court did not err in concluding that the insurer acted properly in attempting to find a policy that would cover the asbestos claim filed against the insured.

  • June 30, 2021

    Ceramics Company Not Liable For Asbestos-Vermiculite Product Packing, Judge Says

    CHICAGO — There is no evidence that a ceramics company that used vermiculite as packing knew that the material allegedly contained asbestos or that it originated from Libby, Mont., and it cannot be held liable as an expert in the material, a federal judge in Illinois said June 25 in awarding summary judgment to the company.

  • June 30, 2021

    Statute Of Repose Applies In Asbestos Strict Liability Cases, Georgia Court Says

    ATLANTA — Georgia’s 10-year statute of repose on strict liability claims covers asbestos cases, even after the Legislature enacted a statute extending the statute of limitations for asbestos claims, a state appeals court said in reversing a decision in a talc case June 28.

  • June 30, 2021

    Asbestos-Talc Parties Wrap Briefing In Georgia Causation Law Case

    ATLANTA — Georgia law requires only certification that other potential causes were not the sole or most likely cause of an asbestos injury; it does not require an expert to eliminate all other potential causes, a man tells an appeals court in a May 17 brief.  But in a June 4 reply, two Johnson & Johnson entities argue that such a reading improperly writes out the intended but-for causation standard

  • June 28, 2021

    California Court To Weigh Mesothelioma Deposition Limits

    SAN FRANCISCO — A California appeals court on June 25 agreed to determine the propriety of a state law limiting 80 asbestos defendants in a mesothelioma case to 14 hours of deposition time.

  • June 25, 2021

    California Top Court Won’t Review Iranian Law Challenge To $25M Asbestos Verdict

    LOS ANGELES — The California Supreme Court on June 23 declined to review whether a man’s exposures to asbestos in Iran required application of that country’s laws in an oil company’s appeal of a case that produced a $25 million verdict.

  • June 24, 2021

    Inconsistent Deposition Testimony Creates Triable Issues, California Court Says

    LOS ANGELES — Inconsistent deposition testimony about the work a company performed at a facility goes to its credibility but is sufficient to create triable issues in an asbestos case, a California appeals court said June 21 in reversing summary judgment in favor of the defendant.

  • June 23, 2021

    Federal Judge Grants Insolvent Insurer’s Motion To Stay Asbestos Coverage Dispute

    NEW ORLEANS — A federal judge in Louisiana on June 16 granted an insolvent insurer’s motion to stay an asbestos liability dispute, finding that the factors in Landis v. N. Am. Co., weigh in favor of a six-month stay from the date of a Pennsylvania liquidation order.

  • June 22, 2021

    Federal Magistrate Stays Asbestos Liability Suit Following Insurer’s Liquidation

    BATON ROUGE, La. — In an effort “to ensure that this litigation proceeds in an efficient and orderly fashion,” a federal magistrate judge in Louisiana on June 16 issued a six-month administrative stay of an entire asbestos liability lawsuit from the date of a Pennsylvania state court's liquidation order involving an insurer defendant.

  • June 22, 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.

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