Mealey's Asbestos

  • February 15, 2024

    Man Appeals Ruling Finding Asbestos Tolling Agreement Void

    NEW ORLEANS — A Federal Employers Liability Act (FELA) claimant allegedly exposed to asbestos once again appealed a grant of summary judgment in favor of his former railroad employer in which a federal judge in Texas found that state law prohibited the type of implied indefinite tolling of statute limitations used by the parties in the case to settle hundreds of asbestos claims.

  • February 14, 2024

    Claims Against LIGA Tossed In Asbestos Coverage Suit Involving Insolvent Insurer

    NEW ORLEANS — A Louisiana federal judge granted summary judgment to the Louisiana Insurance Guaranty Association (LIGA) and dismissed an asbestos liability suit against it, finding that the claims for asbestos-related lung cancer against LIGA, as the statutory obligor for a now-insolvent insurer, are not covered claims.

  • February 14, 2024

    European Rights Court Awards Asbestos Damages, Finds Swiss Time Bar Improper

    STRASBOURGH, France — By finding that the statute of limitations began when a man suffered his last exposure to asbestos and barred claimants’ action, a Swiss court violated the European Convention on Human Rights entitlement to court access, the European Court of Human Rights said Feb. 13.

  • February 14, 2024

    Washington Panel: Asbestos Knowledge Doesn’t Meet Intentional Injury Standard

    SEATTLE — The state’s intentional injury exception to workers’ compensation exclusivity requires knowledge that the specific individual in question will be injured, a standard that knowledge about the presence of asbestos at an aluminum facility and the associated dangers do not meet, a Washington appeals court said in affirming summary judgment for a former employer.

  • February 13, 2024

    Hospital Says Burden, Third-Party Status Warranted Quashing Asbestos Subpoena

    RICHMOND, Va. — Third-party subpoenas fall under a higher standard that an asbestos defendant cannot meet given the evidence’s marginal relationship to the case, a hospital told the Fourth Circuit U.S. Court of Appeals on Feb. 12, also arguing that the burden that disclosing anonymous study participants would impose supports a trial court’s decision to quash the subpoena.

  • February 13, 2024

    Magistrate Judge Allows Supplemented Expert Reports, Extends J&J MDL Deadlines

    TRENTON, N.J. — A magistrate judge in the federal multidistrict litigation for Johnson & Johnson talc-related liabilities declined to strike expert reports, saying the importance of the reports and the ability to mitigate any resulting harm by extending discovery deadlines do not support such a harsh outcome.

  • February 13, 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.

  • February 08, 2024

    Judge Grants Reconsideration, Consolidates Asbestos-Talc Cases For Trial

    ALAMEDA, Calif. — Though a makeup artist’s asbestos-talc case involves different alleged exposures than a woman’s action alleging personal use, the cases involve sufficiently similar products, experts and other evidence to warrant consolidation for trial, a California judge said in granting reconsideration.

  • February 08, 2024

    Dismissal Granted In Asbestos Liability Case Involving Guaranty Association

    NEW ORLEANS — A Louisiana federal judge on Feb. 7 granted a motion for voluntary dismissal of a man’s claim that he was exposed to asbestos through contact with a specific worker at a shipyard but keeping other claims regarding exposure against the shipyard, related parties, multiple insurers and the Louisiana Insurance Guaranty Association (LIGA).

  • February 07, 2024

    Judge OKs Punitive Damages, Virtual Attendance In Maritime Asbestos Case

    CHICAGO — A maritime plaintiff may seek punitive damages at an upcoming trial, which he will be able to view remotely given the limitations he faces from his mesothelioma, a federal judge in Illinois said in granting an unopposed motion and largely denying summary judgment.

  • February 07, 2024

    4th Circuit Defers Ruling On Sanctions In Asbestos Case Referral Appeal

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals will defer any ruling on a separate motion for sanctions pending review of the merits of an appeal involving whether a trial court properly imposed sanctions for conduct in an asbestos bankruptcy trust referral fee dispute.

  • February 07, 2024

    Colgate, Asbestos-Talc Plaintiff Face Off About Genetics, Expert Testimony

    OAKLAND, Calif. — After a plaintiff moved to exclude argument about why she didn’t undergo genetic testing and what her genetics might mean for her mesothelioma, an asbestos-talc defendant filed its own motion seeking to exclude what it termed unreliable non-witness expert testimony that it says the plaintiff hopes to introduce into the case through the “backdoor.”

  • February 07, 2024

    5th Circuit Grants Summary Reversal Of Longshore Asbestos Case

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals granted a joint motion for summary reversal in a Longshore Harbor Workers’ Compensation Act (LHWCA) preemption “twilight zone” asbestos case.

  • February 05, 2024

    Missouri Supreme Court Won’t Review Workers’ Comp Asbestos Ruling

    KANSAS CITY, Mo. — The Missouri Supreme Court denied review of an asbestos case against an employer, leaving stand a lower court ruling that revived the case after the court concluded that an insurance broker lacked the knowledge to testify about whether the employer secured workers’ compensation coverage for mesothelioma and that there was insufficient evidence that a policy was in effect at the appropriate time.

  • February 05, 2024

    Rail Company Defends Need For Testimony Of Former Libby, Mont., Clinic Director

    GREAT FALLS, Mont. — A railway tells a federal judge in Montana in opposition to a motion to quash the railway’s subpoena that trial preservation testimony is the best way to secure potentially admissible evidence from an asbestos clinic’s former medical director and that his status as a former employee doesn’t matter since he can testify about how a clinic patient described her exposures to asbestos.

  • February 02, 2024

    1st Circuit Agrees To Decide, Expedites Widow’s Asbestos Damages Case

    BOSTON — The First Circuit U.S. Court of Appeals denied a motion to dismiss an appeal over the types of damages available in an asbestos maritime case and, in addressing a motion to expedite, gave the appellee 30 days to file a response to a widow’s pre-filed opening brief.

  • February 01, 2024

    W.R. Grace Insurer, Former Employees Resolve Dispute Over Asbestos Payments

    GREAT FALLS, Mont. — A W.R. Grace & Co. insurer and former workers resolved two cases accusing the insurer of profiting from the “float” created when it delays asbestos-related payments for which it was liable.

  • February 01, 2024

    Paint Manufacturer Halts Operations, Citing Years Of Asbestos Litigation

    IRVING, Texas — A paint manufacturing company closed its 157 retail stores, furloughed all 700 employees and announced that it is ceasing operations, due in part to its historical litigation for thousands of asbestos personal injury claims.

  • February 01, 2024

    J&J Entities Want ‘Unhelpful’ Asbestos-Talc Complaint Allegations Stricken

    SEATTLE — A Washington state complaint running nearly 100 pages is “replete with unnecessary and inappropriate accusations” immaterial to the asbestos-talc claims at issue in the action and prevents an accurate and fair response, two Johnson & Johnson entities argue in a motion seeking to strike the complaint in part.

  • January 31, 2024

    Service Is Key Issue In Suit Against Reinsurer For Settlement Reimbursement

    OMAHA, Neb. — Whether a Brazil-based reinsurer was properly served has become a key issue in a suit seeking reimbursement for a settlement reached with Montana regarding alleged asbestos exposure, with an insurer telling the Nebraska federal court in a reply brief that precedent supports its bid for default judgment.

  • January 31, 2024

    Sanctions Sought In Asbestos Appeal Over Sanctions In Referral Case

    RICHMOND, Va. — An appeal before the Fourth Circuit U.S. Court of Appeals over the appropriateness of sanctions in a case involving asbestos bankruptcy trust referral fees spawned its own briefing on sanctions, with the appellee calling the appeal frivolous and the appellant saying meritorious issues of first impression exist over whether a federal judge can sanction a party for conduct in a state court.

  • January 31, 2024

    California Judge Denies Genetic Testing Motion With Trial Approaching

    LOS ANGELES — A defendant seeking a medical examination and genetic testing from a plaintiff suffering from mesothelioma does not explain how such testing can be performed or how expert reports can be produced in the short period remaining prior to trial, a California judge said in denying the defendant’s motion among other rulings.

  • 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.

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