Mealey's Asbestos

  • April 20, 2022

    Asbestos Screener Seeks Summary Judgment In Libby, Mont., Lawsuit

    MISSOULA, Mont. — An asbestos disease screener accused of False Claims Act (FCA) violations in connection with a specialized Libby, Mont., Medicare program asked a federal judge to grant it summary judgment April 15, saying all its diagnoses derive from medical guidelines and experience treating Montana patients, and the government’s continued desire to do business with it despite the allegations is further evidence that everything is above board.

  • April 20, 2022

    Judge Refuses To Remand Asbestos Coverage Suit, Dismisses Guaranty Association

    COLUMBIA, S.C. — Finding that the fraudulent joinder doctrine is applicable, a federal judge in South Carolina on April 19 disregarded for jurisdictional purposes the citizenship of South Carolina Property and Casualty Insurance Guaranty Association, assumed jurisdiction, dismissed the association with prejudice and retained jurisdiction of an asbestos liability coverage dispute that was initiated in state court.

  • April 18, 2022

    Tort Settlement Bars Subsequent FELA Cancer, Asbestos Suit, 5th Circuit Says

    NEW ORLEANS — A man’s release of toxic exposure claims in 2012 bars his subsequent action seeking recovery for cancer and asbestosis under the Federal Employers’ Liability Act (FELA), a Fifth Circuit U.S. Court of Appeals panel held April 14 in affirming.

  • April 18, 2022

    Illinois Court: Illegal Asbestos Debris Removal Outside Workers’ Comp System

    CHICAGO — A company’s directive that a worker remove debris it knew contained asbestos but the worker did not was illegal and, therefore, outside the workers’ compensation system, and the record suggests that it knew with 100% certainty that the work would injure the man and constitutes an intentional tort, an Illinois appeals court said April 14 in reviving the case.

  • April 14, 2022

    Company Defends Suing Judge, Says Harbor Workers Suit Doesn’t Warrant Sanctions

    NEW ORLEANS — An asbestos defendant says its suit against a Louisiana judge is narrowly focused on raising a novel issue involving Longshore Harbor Workers Compensation Act (LHWCA) preemption of an asbestos case, arguing in an April 11 response brief in a Louisiana federal court that it should not be sanctioned for its good faith effort.

  • April 13, 2022

    Preliminary Asbestos Case Activity Didn’t Waive Jurisdiction, Judge Says

    CHICAGO — An asbestos defendant didn’t waive the personal jurisdiction defense it raised in its answer by subsequently participating in preliminary pretrial matters that revealed the lack of any basis for jurisdiction, a federal judge in Illinois said April 11.

  • April 13, 2022

    Railway:  Privacy Act No Bar To Discovery In Asbestos Screening Lawsuit

    MISSOULA, Mont. — A railroad embroiled in a False Claims Act (FCA) suit involving diagnosis of asbestos diseases filed a second motion to compel on April 8, seeking a federal court in Montana’s help in securing the release of Social Security and tax records from the federal government.

  • April 13, 2022

    Court Admits Reply Brief In Asbestos Case Involving Sovereign Immunity Defense

    NEW ORLEANS — A shipyard’s arguments regarding derivative sovereign immunity and the government contractor defense confuse a negligence case challenging an employer’s failure to warn about asbestos with the standard for removal and products liability claims, a man tells a federal judge in Louisiana in a reply brief accepted by court in an April 8 order.

  • April 12, 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.

  • April 12, 2022

    Justice: Asbestos Defendant Didn’t Timely Appeal Discovery Order

    NEW YORK — A court never issued an order to show cause on a challenge to a special master’s discovery ruling, leaving nothing to reargue, but even on the merits, an asbestos defendant’s bid for reargument fails as it is clear the defendant failed to appeal within the proscribed time, a New York justice said March 30 in denying the motion to reargue.

  • April 12, 2022

    Cleaver-Brooks Seeks Review Of ‘Severe’ South Carolina Asbestos Discovery Sanction

    COLUMBIA, S.C. — An appeals court failed to properly review a sanction imposed against a company for alleged discovery violations, leaving the defendant victorious at an asbestos trial but unaware of what conduct warranted the largest discovery sanction in the state’s history, the company tells the South Carolina Supreme Court March 28 in urging review.

  • April 12, 2022

    Florida Jurisdiction Lacking Over Holding Company, Judge Says In Asbestos Case

    MIAMI — Subsidiaries of a holding company own a Florida facility and two trademarks allegedly associated with a man’s asbestos exposure, so the facility and trademarks cannot form the basis for jurisdiction over the holding company, a federal judge in the state said April 4 in dismissing the company from a suit.

  • April 11, 2022

    Judge: ‘Asbestos Notebook’ Recollections Render FELA Suit Untimely

    OMAHA, Neb. — A son’s recollection about references to asbestos his father made in now destroyed notebooks shows sufficient knowledge to find a lawsuit based on a 2012 tongue cancer diagnosis untimely, a federal judge in Nebraska said April 8.

  • April 08, 2022

    South Carolina Top Court Denies Rehearing In Statutory Employer Case

    COLUMBIA, S.C. — The South Carolina Supreme Court on April 5 denied a petition for rehearing in a case in which it concluded that the state’s statutory employee doctrine did not relieve a polyester fiber manufacturer of liability for a subcontractor’s employee’s asbestos-related injuries.

  • April 08, 2022

    Florida Jury Awards $18M In British Navy Asbestos Case

    FORT LAUDERDALE, Fla. — A Florida jury on March 16 awarded $18 million for a former royal navy member’s mesothelioma while holding John Crane Inc. 20% liable, according to court documents.

  • April 07, 2022

    Briefing, Hearing Continue In Alameda County Asbestos Genetic Testing Spat

    OAKLAND, Calif. — After previously asking for supplemental briefing and appointing an expert to assist with the issue, a judge on April 5 set an April 14 hearing on a motion for protective order in which plaintiffs contend that production of pathology and genetic material in litigation does not permit outside, personal research and analysis on the evidence, while defendants argue that evidence produced in litigation enters the public domain and is not protected by discovery law.

  • April 07, 2022

    Magistrate Judge Orders Production Of Expert’s Asbestos-Talc Samples

    HARRISON, Ark. — Plaintiffs must produce talc samples used in other asbestos cases and on which their expert intends to rely for his opinions, a federal magistrate judge in Arkansas said March 31.

  • April 07, 2022

    Judge Imposes $1,000 Sanction Over Asbestos Expert Retention Timing Error

    HARRISON, Ark. — An attorney mischaracterizes the nature of a sanction, which the court imposed for twice improperly stating when she retained an expert and then failing to correct the error when given the chance, a federal judge in Arkansas said March 30 in holding her and her firm jointly liable for $1,000 in sanctions.

  • April 06, 2022

    Judge:  Harbor Workers’ Statute Doesn’t Preempt Take-Home Asbestos Claims

    NEW ORLEANS — The Longshore and Harbor Workers’ Compensation Act bars a man’s employment-based asbestos claims, but not household exposure claims that allegedly occurred when his brother wore his work clothing home from the same employer, a federal judge in Louisiana said April 4 in partially granting a shipyard summary judgment.

  • April 06, 2022

    California Top Court Won’t Review Biased Asbestos Jurors Petition

    SACRAMENTO, Calif. — The California Supreme Court on April 5 declined to stay an asbestos trial or review a defendant’s claims that the judge seated three jurors who told the court that they could not act as fair and impartial participants.

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