Mealey's Asbestos

  • January 31, 2024

    Judge: Offer Of Samples For Testing Largely Moots Protective Order Motion

    SEATTLE — Plaintiffs’ ongoing offer to produce talc samples tested by asbestos expert William Longo moots the need for a protective order unless additional samples are found, a judge in Washington state said in denying a motion for protective order and spoliation finding in part.

  • January 31, 2024

    Talc Packaging Company Wants 2nd Look At Jurisdiction Ruling

    SEATTLE — Simply packaging talc in Missouri for a third party does not provide jurisdiction in Washington courts, an asbestos-talc defendant seeking reconsideration and appeal of a ruling denying its motion to dismiss argues.  But in opposition, the plaintiffs say the contracts clearly indicate that the products would be distributed nationwide and the fact that the defendant didn’t own the trademark doesn’t preclude liability.

  • January 30, 2024

    CARD Doctor Says Asbestos Subpoena Likely Seeks ‘Highly Improper’ Testimony

    GREAT FALLS, Mont. — The former medical director of a Libby, Mont., clinic told a federal judge in a motion to quash a subpoena that because he never saw a woman when she went to the clinic and her diagnosis at the time differs from the mesothelioma from which she now suffers, any testimony he could offer at trial would be duplicative of evidence a railway already has.

  • January 26, 2024

    Automaker Can’t Escape Possible Liability, Must Face Asbestos Suit, N.Y. Court Says

    NEW YORK — A trial court judge properly denied an automaker summary judgment after it spent years litigating the case, only to later argue that it wasn’t the proper party, failed to respond to interrogatories and couldn’t eliminate the possibility that it was the liable party, a New York appellate court said Jan. 25.

  • January 23, 2024

    Dismissal Stipulated In Asbestos Coverage Dispute Involving Guaranty Association

    COLUMBIA, S.C. — Remaining defendant insurers stipulated to dismissal in a South Carolina federal court of cross-claims by or against two defendant insurers that were previously dismissed from a receiver’s asbestos coverage suit against insurers and the South Carolina Property and Casualty Insurance Guaranty Association.

  • January 23, 2024

    Imputing Contacts, Judge Finds Personal Jurisdiction In Reinsurance Row

    OMAHA, Neb. — Imputation is appropriate at this stage and, therefore, so is personal jurisdiction over a defendant that describes itself as “an events and hospitality company,” a Nebraska federal judge said in a Jan. 22 ruling denying dismissal of a suit involving a reinsurance contract and a settlement with Montana regarding alleged asbestos exposures.

  • January 23, 2024

    Magistrate Judge Won’t Sanction Talc Defendant Over ‘Litigation Tactics’

    NEW YORK — A dispute over an asbestos-talc defendant’s attempts to discover the identities of individuals in expert Jacqueline Moline’s study comes down to disagreement about litigation tactics and does not rise to the level required for sanctions, a magistrate judge in New York said Jan. 22 in denying a motion.

  • January 23, 2024

    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 22, 2024

    Florida Appeals Court Leaves Asbestos Product ID Ruling Undisturbed

    TALLAHASSEE, Fla. — A Florida appellate court denied an asbestos friction product defendant’s motion for rehearing and certification of a conflict, with one of the judges saying in a concurrence that the criminal rule on which the appellee relied had been rejected and was not applicable to an opinion on the standard for product identification.

  • January 18, 2024

    Man Says Asbestos-Talc Case Doesn’t Require Inquiry Into His Company

    BRIDGEPORT, Conn. — No grounds exist for subpoenaing a man’s business records in a case alleging exposure to asbestos in talc where there is no allegation or evidence of workplace exposures and where other courts previously rejected a similar request by another defendant, the man tells a Connecticut judge in a reply seeking a protective order and quashing of the subpoena.

  • January 18, 2024

    Montana Asbestos Plaintiffs: Railroad’s Late Subpoena Of CARD Doctor Is Personal

    GREAT FALLS, Mont. — Post-discovery attempts at deposing the retired medical director of a facility where a plaintiff last sought care five years ago and which has no connection to current mesothelioma diagnoses or treatments appear to be personal rather than legitimate efforts at producing evidence, two plaintiffs tell a federal judge in Montana in a Jan. 17 motion to quash a railroad’s subpoena.

  • January 18, 2024

    Oven Company Appeals Rulings On Asbestos Experts, Summary Judgment

    NEW YORK — A pizza oven asbestos defendant filed a pair of notices on Jan. 17 appealing a New York justice’s rulings allowing three causation experts’ testimony and denying the company summary judgment, according to the court’s docket.

  • January 18, 2024

    Justice: Jurisdiction Lacking Over Holding Company In New York Asbestos-Talc Case

    NEW YORK — A holding company with its place of business outside the state does not belong in a New York state asbestos case, and contracts and meeting notes without reference to the company do not establish the need for jurisdictional discovery, a New York justice said in granting a motion to dismiss.

  • January 18, 2024

    Asbestos Plaintiffs May Pierce Corporate Veil Of Dravo Entities, Court Says

    HARRISBURG, Pa. — Because questions remain about the propriety of a merger-dissolution process and whether the two resulting companies operated as a single entity, state court asbestos plaintiffs may pierce a company’s corporate veil, a Pennsylvania Superior Court panel said in reversing summary judgment for the defendant.

  • January 17, 2024

    Connecticut Top Court Won’t Review Certain Injury Asbestos Workers’ Comp Case

    HARTFORD, Conn. — The Connecticut Supreme Court on Jan. 16 denied a petition for review in a case allowing a worker’s asbestos tort claims, turning away the argument that expanding the substantial-certainty doctrine in workers’ compensation cases to allow asbestos exposure cases could flood the state’s courts with tort actions currently handled through the dedicated asbestos workers’ compensation docket.

  • January 16, 2024

    J&J, Asbestos-Talc Fraud Plaintiffs Reach Settlement In Principle

    TRENTON, N.J. — A class action claiming that Johnson & Johnson defrauded tort litigants by withholding information about the presence of asbestos in talc appears to have resolved after a federal judge in New Jersey on Jan. 12 entered a text order on the docket administratively terminating pending motions to dismiss or strike the class clams after being told that the parties reached a settlement in principle.

  • January 16, 2024

    Widow Urges Expedited Review, Warns Ruling Could Eliminate Asbestos Damages

    BOSTON — When a judge postponed an asbestos trial he warned the parties that he would not grant future motions, necessitating expedited review of an issue that could be used to “minimize liability to a practical nullity in all asbestos cases involving the widows of Navy veterans,” a widow tells the First Circuit U.S. Court of Appeals in a motion to expedite her appeal.

  • January 12, 2024

    Punitive Damages Claim Survives Summary Judgment In California Asbestos Case

    LOS ANGELES — A punitive damage claim in an asbestos-exposure case against Hajoca Corp. will proceed to trial after a judge in California denied summary judgment after crediting allegations that the defendant took no steps to ensure the safety of its products despite lawsuits reaching back to the 1970s that put it on notice about potential hazards.

  • January 11, 2024

    California Judge Won’t Tax Some Asbestos Costs, Lets Juror Prejudice Ruling Stand

    LOS ANGELES — A California judge said he already largely discounted a juror’s declaration before finding that there was no prejudice from comments made during deliberation in an asbestos case and that he would deny reconsideration, while in a second ruling said a prevailing party is entitled to expert fees even when an expert doesn’t testify.

  • January 09, 2024

    Illinois Jury Awards $30M In Household Asbestos Exposure Case

    CHICAGO — An Illinois jury awarded $30 million to a widow whose husband experienced exposure to talc used at a tire manufacturing facility and who died of mesothelioma five weeks after his diagnosis, sources told Mealey Publications.

  • January 09, 2024

    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 09, 2024

    Illinois Court Reverses Live Witness Testimony Requirement After Asbestos Verdict

    CHICAGO — A trial court improperly required in-person testimony from a witness whose testimony regarding work conditions at a facility appears crucial to the case when a remote appearance could just as easily have been accommodated, an Illinois appeals court said in partly reversing and granting a new trial.

  • January 08, 2024

    Supreme Court Won’t Review Shipbuilder’s ‘Twilight Zone’ Asbestos Case

    WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 8 turned away a case involving Louisiana state tort asbestos claims brought within the “twilight zone” line of cases governing maritime actions that a shipbuilder amicus curiae party warned could have “sweeping consequences” if not addressed.

  • January 05, 2024

    Law Firm Says Asbestos-Fee Case Conduct Warranted Sanction

    RICHMOND, Va. — Having challenged only the resulting sanction and not any of the underlying ruling, it is clear that asbestos-firm-related appellants’ failure to produce evidence, its efforts at delay and attempts to have state courts interrupt federal court proceedings warranted the award, a law firm awarded in excess of $1 million in fees and costs in a dispute over asbestos-case referrals tells the Fourth Circuit U.S. Court of Appeals.

  • January 05, 2024

    Federal Judge Sends Italians’ Cruise Line Asbestos Suit Back To Texas

    MIAMI — Italian residents specifically disclaim recovery for any asbestos exposures occurring under an arbitration agreement between a man and the cruise line that formerly employed him, and because insufficient information exists on which to make a choice-of-law decision, the court must grant remand, a federal judge in Florida said in sending a case back to Texas state court.

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