Mealey's Asbestos

  • 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.

  • April 06, 2022

    Judge: Diversity, Allegations Require Remand Of Texas Asbestos-Talc Action

    HOUSTON — Despite “diligent efforts,” a company cannot show complete diversity of asbestos-talc parties, and allegations that two defendants knew of both the hazards of asbestos and that talc could contain asbestos but continued selling related products overcome claims that they were fraudulently joined, a federal judge in Texas said March 17 in remanding the case.

  • April 05, 2022

    Asbestos Jurors Admitted Bias, Defendant Says In California Top Court Petition

    SACRAMENTO, Calif. — Three jurors — 25% of a jury hearing an asbestos-cancer case — clearly communicated their inability to be fair and impartial, a company argues in an April 4 petition urging immediate attention by the California Supreme Court.

  • April 04, 2022

    Garrett Motion Escapes Asbestos Liability Statements Securities Claims

    NEW YORK — The record does not show that Garrett Motion Inc. and its directors or officers knew that bankruptcy was a foregone conclusion when they told the market that the company could continue to innovate, that the terms of the spin-off from Honeywell Inc. were fully disclosed and that the evidence the plaintiffs point to in arguing otherwise comes outside the class period, a federal judge in New York said March 31 in dismissing a complaint with leave to amend.

  • April 04, 2022

    Defendant Seeks To Prohibit References To Insurance At Asbestos Liability Trial

    NEW ORLEANS — Defendants in an asbestos liability coverage suit on April 1 filed two motions in limine in a Louisiana federal court seeking to prohibit references at trial to insurance and to establish the admissibility of Liberty Mutual Insurance Co.’s policy documents.

  • April 01, 2022

    Asbestos Widow Can’t Be Both Surviving Spouse And Not, Court Says

    MIAMI — Precedent supports a trial court’s finding that a woman who married a man after his asbestos exposure is not a surviving spouse under a wrongful death law, but the court erred in then precluding the man’s children from pursing damages on the grounds that a surviving spouse exists, a Florida appeals court said March 30 in partially reversing summary judgments.

  • April 01, 2022

    ‘Boilerplate’ Hazards List Can’t Bar Subsequent FELA Cancer Claims, Judge Says

    NEW ORLEANS — A “boilerplate list of hazards” included in a release of liability settling an employee’s finger injury claim lacks sufficient specificity to preclude his subsequent action alleging that he developed cancer after exposure to asbestos and other toxins during his employment with a railroad, a federal judge in Louisiana said March 29.

  • March 31, 2022

    Judge Declares Mistrial In California Mesothelioma Case Against John Crane

    SAN FRANCISCO — A California judge declared a mistrial on Feb. 7 after a monthlong trial in a woman’s mesothelioma case conducted largely virtually because of the coronavirus.

  • March 31, 2022

    Judge Admits Opinion Of Industrial Hygienist, Allows Civilian Asbestos Claims

    NEW YORK — An industrial hygienist’s testimony merely links the plaintiff’s own work testimony and expert asbestos causation testimony, a federal judge in New York said March 28 in denying a motion to exclude the opinion while granting the turbine maker summary judgment on U.S. Navy claims but allowing civilian exposure claims to proceed.

  • March 30, 2022

    Delaware Jury Returns Defense Verdict In Floor-Tile Asbestos Case

    WILMINGTON, Del. — A Delaware jury on March 25 found that a floor tile manufacturer exposed a man to asbestos, but that the exposure was not a substantial factor in his mesothelioma.

  • March 30, 2022

    Delaware Top Court: Woman Met Shifted Burden In Asbestos Brake-Grinding Case

    WILMINGTON, Del. — A trial court properly applied Delaware’s product identification standard when it shifted the burden of proof from an arc grinding machine manufacturer to an asbestos plaintiff, but erred in concluding that a man’s testimony regarding the machine’s use and evidence about the specific brakes he used didn’t then create triable issues, the Delaware Supreme Court said in reversing summary judgment on March 28.

  • March 29, 2022

    Judge Sinks Asbestos Defendant’s Harbor Workers’ Preemption Declaration Effort

    NEW ORLEANS — A federal judge in Louisiana on March 17 dismissed an action seeking a declaration that the Longshore Harbor Workers’ Compensation Act preempts a state court asbestos action, saying that even construing the request for relief as “prospective” required “impermissibly interfering with the ongoing state proceedings.”

  • March 28, 2022

    New Jersey Court Affirms Sanctions In Asbestos Case Against Ford

    NEW BRUNSWICK, N.J. — A trial judge’s monetary award and directed verdict on general causation for discovery violations constitute “significant” sanctions, but it is unlikely that the sanctions prejudiced Ford Motor Co. in an asbestos trial, and the record supports imposition of the sanctions, an appeals court in New Jersey said March 24 in affirming.

  • March 25, 2022

    State Judge Asks Federal Court For Sanction In Harbor Workers’ Preemption Case

    NEW ORLEANS — A federal court should sanction an asbestos defendant for its “blatant” and unfounded attempt to use a federal court as a means to appeal a state court judge’s conclusion that the Longshore Harbor Workers’ Compensation Act does not preempt a case before her, a Louisiana state judge argues in a March 23 motion.

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