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Mealey's Asbestos

  • January 23, 2019

    New Jersey Jury Awards $2.38M In Asbestos Case Against Union Carbide

    NEWARK, N.J. — A New Jersey jury is weighing whether to impose punitive damages after awarding a widow $2,380,000 on Jan. 22 on her claim that her husband contracted and died of mesothelioma after exposure to Union Carbide Corp.’s Calidria asbestos, sources told Mealey Publications (Thomasina Fowler v. Union Carbide Corp., et al., No. L-4820-11, N.J. Super., Middlesex Co.).

  • January 23, 2019

    New Jersey Court Agrees To Consider Third-Party Asbestos Parts Liability

    TRENTON, N.J. — New Jersey’s top court on Jan. 18 agreed to weigh in on whether an automobile manufacturer can be held liable for third-party asbestos-containing replacements parts (Arthur G. Whelan v. Armstrong International Inc., et al., No. A-40/41/42/43/44/45/46-18, N.J. Sup.).

  • January 22, 2019

    Pennsylvania’s Registration Law Keeps Asbestos-Talc Case Alive, Federal Judge Says

    PHILADELPHIA — A couple’s asbestos-talc case belongs in federal court, and jurisdiction exists over the case owing to Pennsylvania’s business registration statute, a federal judge in the state held Jan. 16 (Youse & Youse v. Johnson & Johnson, et al., No. 18-3578, E.D. Pa., 2019 U.S. Dist. LEXIS 7789).

  • January 22, 2019

    Texas Court Briefed On Employer’s Asbestos Liability, Causation, Punitive Damages

    AUSTIN, Texas — Lower Texas courts misapplied the gross negligence standard required for holding an employer liable for a man’s asbestos exposure, improperly excluded radiation as a potential alternative cause of his mesothelioma and wrongly concluded that a $15 million punitive damage award was not economic, parties argue in a pair of Jan. 16 merit briefs filed with the Texas Supreme Court (The Goodyear Tire & Rubber Co. v. Vicki Lynn Rogers, et al., No. 18-0056, Texas Sup.).

  • January 22, 2019

    Railcar Company, Daughter Battle Over Preemption Of Asbestos Claims

    KANSAS CITY, Kan. — A railcar company argues in a Jan. 10 memo that federal law preempts claims leading to a $139,500 asbestos verdict against it.  But in a Jan. 21 response, a woman says the court on four other occasions rejected the preemption argument before trial and should not deviate from those rulings now (Nancy Little, et al. v. The Budd Co., No. 16-4170, D. Kan.).

  • January 22, 2019

    Retail Purchase Testimony Keeps Paint Company In New York Asbestos Case

    NEW YORK — A man’s testimony regarding purchases of asbestos-containing products at a retail store is enough to keep the company in his suit, even if he can’t recall the precise location, a New York justice held in an opinion posted Jan. 16 (Albert Schwartz, et al. v. Advanced Auto Supply, et al., No. 190316/2017, N.Y. Sup., New York Co.).

  • January 18, 2019

    Pump Maker Can’t Escape New York Asbestos Suit

    NEW YORK — An attorney’s affirmation is hearsay and cannot support summary judgment in an asbestos case against a pump maker, especially given the evidence, a New York justice held in an opinion posted Jan. 16 (Lorraine Allen, et al. v. Air & Liquid Systems Corp., et al., No. 190352/16, N.Y. Sup., New York Co., 2019 N.Y. Misc. LEXIS 124).

  • January 18, 2019

    Johns-Manville Successor Asks For Injunction Barring Asbestos Claims

    NEW YORK — The successor to the PVC pipe business of former Chapter 11 debtor Johns-Manville Corp. asked a New York federal bankruptcy judge Jan. 16 to issue a “reiterative injunction” barring state court asbestos injury claims against the successor based on the bankruptcy protections implemented when it bought the business (In re Johns-Manville Corporation, et al., No. 82-11656, S.D. N.Y. Bkcy.).

  • January 17, 2019

    Jury Hears Of Dangers, Warnings In Asbestos Case Against Union Carbide

    NEWARK, N.J. — A jury began weighing an asbestos case against Calidria manufacturer Union Carbide Corp. after hearing during Jan. 15 closing arguments about whether the product was a significant cause of a man’s mesothelioma or whether the company took the legally and regulatorily required steps (Thomasina Fowler v. Union Carbide Corp., et al., No. L-4820-11, N.J. Super., Middlesex Co.). VIDEO FROM THE TRIAL IS AVAILABLE.

  • January 17, 2019

    Covil Makes Last Push At Erasing, Reducing $32.7 Million Asbestos Verdict

    GREENSBORO, N.C. — Fighting a $32.7 million asbestos verdict, Covil Corp. told a federal judge in North Carolina on Jan. 14 that trial errors led to an inflated verdict that should be erased or at least retried and that it is entitled to setoffs of any judgment from settlements the plaintiff reached (Ann Finch, et al. v. Covil Corp., No. 16-1077, M.D. N.C.).

  • January 17, 2019

    Magistrate Judge: Asbestos-Talc Case Belongs In North Carolina

    GREENSBORO, N.C. — A woman successfully alleges jurisdiction in North Carolina over a talc company through its interwoven ownership of Whittaker Clark & Daniels Inc., a federal judge held Jan. 15 (Jody E. Ratcliff v. American Honda Motor Co. Inc., et al., No. 17-174, M.D. N.C., 2018 U.S. Dist. LEXIS 122659).

  • January 15, 2019

    Plaintiff, Insulator Battle Over Destruction Of Evidence

    LOS ANGELES — Evidence supports a judge’s conclusion that an insulator was not performing work at a tire plant during the times in question, a defendant told a California court recently.  But in a Dec. 21 reply, a widow says evidence of such work might exist, but the company destroyed all relevant records (Rosemarie Ganoe, et al. v. Metalclad Insulation LLC, No. B282011, Calif. App., 2nd Dist.).

  • January 15, 2019

    New York Justice Admits Asbestos-Talc Testing Report, Denies Summary Judgment

    NEW YORK — Johnson & Johnson’s delay in producing samples for testing warrants admitting the resulting post-discovery expert report, and the conflicting expert opinions create sufficient questions to deny summary judgment to two talc suppliers in an asbestos case, a New York justice held Jan. 11 (Jenny Shulman, et al. v. Brenntag North America Inc., et al., No. 190025/2017, N.Y. Sup., New York Co.).

  • January 15, 2019

    Auto Parts Retailer Says Jury Instructions Didn’t Lead Asbestos Case Astray

    LOS ANGELES — A judge’s instructions were “so incomplete, confusing, and misleading” that a jury had to find that an estate’s heirs were injured by the same asbestos that allegedly caused a husband and wife to develop mesothelioma, plaintiffs told a California appeals court recently (Jimmy Mettias, et al. v. Honeywell International Inc., et al., No. B287831, Calif. App., 2nd Dist.).

  • January 14, 2019

    Defendants Say Staying California Asbestos Suit On Forum Grounds Proper

    LOS ANGELES — Staying a California asbestos suit whose contacts, witnesses and evidence almost all reside in Wisconsin was the right move, a trio of defendants told a California appeals court on Dec. 21 (Charlene Rickert v. American Honda Motor Co. Inc., et al., No. B289888, Calif. App., 2nd Dist.).

  • January 14, 2019

    California Court Won’t Reconsider Default Judgments Ruling In Asbestos Tiff

    SAN FRANCISCO — A California court on Jan. 9 denied a motion for reconsideration, leaving in place its conclusion that a trial court properly set aside millions of dollars in default judgments in an asbestos case after finding that a defunct company’s insurer possibly could have raised a meritorious defenses had it known of the actions, (William Mechling v. Asbestos Defendants, et al., James Greely v. Asbestos Defendants, et al., Omar Barstad v. Lamons Gasket Co., et al., Alexander Corns v. Amcord Inc., et al., Nos. A150132, A150134, A150125, A150138, Calif. App., 1st Dist.).

  • January 14, 2019

    Asbestos Lawyer, Former Firm Debate Impact Of Work-Product Release Ruling

    SAN FRANCISO — A lawyer and his former law firm are briefing a California court on whether an appellate court’s conclusion that the employer owned work product involving alternative causation in asbestos cases dooms his entire case (Evan C. Nelson v. Tucker Ellis LLP, No. A153661, Calif. App., 1st Dist.).

  • January 14, 2019

    Judge Rejects Claims Against Asbestos Insulation Supplier, Installer

    GREENSBORO, N.C. — While there may be evidence that a company installed asbestos-containing insulation, the record does not support the conclusion that the plaintiff was exposed as a result of the work, a federal judge in North Carolina held Dec. 11 (Darrell A. Connor, et al. v. Norfolk Southern Railway Co., et al., No. 17-127, M.D. N.C., 2018 U.S. Dist. LEXIS 208542).

  • January 14, 2019

    Jury Returns Defense Verdict In Illinois Asbestos Joint Compound Case

    CHICAGO — A Chicago jury returned a defense verdict in a retrial of a chrysotile asbestos case involving drywall products on Dec. 14, sources told Mealey Publications (Jo Ann Startley, et al. v. Welco Manufacturing Co., No. 20140L-002716, Ill. Cir., Cook Co.).

  • January 11, 2019

    Settlement Letter Grounds For Removing Decade-Old Asbestos Case, Judge Says

    PROVIDENCE, R.I. — An asbestos case removed after nearly 10 years remains in federal court after a judge on Jan. 9 found product references in a settlement demand letter sufficient for removal (Patricia Mannix, et al. v. CBS Corp., et al., No. 18-558, D. R.I.).