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No Coverage For Damages Caused By Defective Windows, Wisconsin Appeals Panel...
WAUSAU, Wis. - An insured couple seeking coverage for damages caused by defective windows failed to prove that the damages were caused by a sudden and accidental event as required by the insurance...
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A Look At The Right to Associate
By Paul R. Koepff and Erica J. Kerstein Many insurance policies provide insurers with the right, but not the obligation, to associate with the insured and/or its underlying insurers in the defense and...
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New York Jury Awards $35 Million; Crane Co. Found 15 Percent Liable
NEW YORK - A New York jury on March 1 awarded $35 million on claims that a man's exposure to asbestos-containing insulation boilers led to his mesothelioma and death, holding lone remaining defendant...
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Philadelphia Jury Awards $2.5M, $2.3M In Consolidated Asbestos Trials
Case name: Thomas and Jean Amato v. Crane Co., et al., Charlotte Vinciguerra v. Crane Co., et al....(read more)
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Calif. Top Court: Dissolved Delaware Company Not Subject To Corporations Code
SAN FRANCISCO - The state's corporation code permitting actions against dissolved companies applies to California corporations only and does not save a widow's asbestos action against a dissolved...
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Delaware Federal Judge Grants Garlock Access To Asbestos Claimant Information
WILMINGTON, Del. - A Delaware federal judge on March 1 ruled that Chapter 11 debtor Garlock Sealing Technologies LLC can obtain documents filed by asbestos claimants' attorneys in nine other...
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Parties Brief Court On Appropriateness Of Ohio For Maritime Cases
PHILADELPHIA - Parties recently briefed the maritime federal asbestos multidistrict court on whether Ohio has jurisdiction over asbestos claims brought against numerous ship companies (In re: Asbestos...
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Ford Motor Co. Objects To Special Master For MDL Punitive Damages Claims
PHILADELPHIA - The federal asbestos multidistrict litigation should continue severing and holding in abeyance punitive damage claims to prevent "financial destruction" of defendants, making appointment...
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Eyewitness Testimony Regarding Product Labels Admissible, Man Argues
SACRAMENTO, Calif. - A judge erroneously excluded eyewitness testimony regarding asbestos-containing joint compound product labels, a man argues in a Dec. 12 brief urging reversal (James A. Lovelace v....
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Asbestos MDL Plaintiffs Ask 3rd Circuit To Reverse Medical Report Dismissals
PHILADELPHIA - The judge overseeing the federal asbestos multidistrict litigation retroactively applied to all cases a standard meant only for a small subset of cases, plaintiffs argue in Feb. 1 brief...
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Parties Brief 3rd Circuit On Administrative Order 12 Dismissals
PHILADELPHIA - Parties recently completed briefing the Third Circuit U.S. Court of Appeals on whether a judge properly dismissed with prejudice an asbestos case for failure to comply with...
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Florida Federal Judge Allows Law Firm's Withdrawal, Sets Expedited August Trial
TAMPA, Fla. - A Florida federal judge on Feb. 26 granted in part a couple's motion for an expedited trial after earlier denying a motion arguing that the withdrawal of Union Carbide Corp.'s law firm...
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Justice Finds Insufficient Evidence On Which To Find Sale Wasn't De Facto Merger
NEW YORK - A heavily redacted sales agreement does not provide a sufficient basis on which to exclude the possibility that an asset sale actually constituted a de facto merger, a New York justice held...
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Federal Judge: Asbestos Claims Survive Under Statute Of Repose's 'Damages'...
GREEN BAY, Wis. - A widow's claims alleging that her husband suffered exposure to asbestos prior to his 1992 retirement fall within the statute of repose's pre-2004 damages exclusion, a Wisconsin...
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Asbestos-Blankets Order Puts Company On Hook For Man's Exposure, Justice Says
NEW YORK - A company's claim that it cannot be liable for a man's asbestos exposure under New York law lacks merit in light of the fact that it ordered the use of asbestos-containing blankets and...
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Judge: Exposure Evidence Exists; Replacement Parts Liability Left To New Jersey
PHILADELPHIA - A widow presents evidence of exposure to one company's original parts but not another, and a New Jersey court is in the best position to determine whether the state would impose...
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New York Justice: Contractor's Meeting Not Evidence Of Control
NEW YORK - A general contractor's meeting with subcontractors' foremen does not indicate that it maintained control over a worksite, a New York justice held in an opinion filed Feb. 20 (Jeffrey A....
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Ohio Court Reverses Ruling Awarding Asbestos Proceeds To Widow's Estate
MIDDLETON, Ohio - A probate court erred in awarding the proceeds of an asbestos action under intestate statutes rather than under the equitable factors standard in a wrongful death statute, an Ohio...
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West Virginia Court Rejects Benefits In Case Lacking Asbestos Fibers, Asbestosis
CHARLESTON, W.Va. - A widow's husband did not suffer from asbestosis nor did an autopsy reveal asbestos fibers in his lungs, both requisites for finding that asbestos exposure contributed to his death...
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Judge Finds Errors In Board's Exposure Opinion, Reliance On Examination
WASHINGTON, D.C. - A veterans appeals board erroneously inserted its own exposure theories and relied on a medical opinion that failed to address asbestos's role in a man's lung condition and inserted...
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