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Plaintiffs Brief MDL Court On Replacement Parts Liability In Illinois
PHILADELPHIA - Illinois permits liability for replacement parts when those parts are a foreseeable modification of the original equipment, federal asbestos multidistrict litigation plaintiffs...
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Rehearing Denied After Divided Opinion Reversing JNOV In $5M Asbestos Case
LOS ANGELES - A California appeals panel on April 10 denied a rehearing motion, affirming that a judge violated legislative guidelines by granting pre-verdict motions as if they were a motion for...
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Law In State Of Exposure, Not Residence, Governs Indiana Action, Judge Says
PHILADELPHIA - A defendant urging application of Indiana law falls short of overcoming the state's reliance on location of exposure as the determining factor in whose law to apply, the judge overseeing...
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Federal Asbestos Judge Seeks Cessation Of Transfers From Additional Jurisdiction
PHILADELPHIA - The judge overseeing the federal asbestos litigation on April 5 suggested that the Judicial Panel on Multidistrict Litigation cease transfer of asbestos cases from the U.S. District...
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Crane Co. Appeals Remand Ruling Based On Service Presumption
NEW YORK - Crane Co. on April 11 appealed a remand order finding that it failed to overcome the presumption that proper service of an initial fact sheet occurred, according to the court's docket. A New...
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Navy Specifications, Sworn Statements Satisfy Removal Standard, Judge Finds
SAN DIEGO - Navy specifications, contractor-Navy correspondences and sworn statements from those with engineering and inspection knowledge create a colorable federal defense, a California federal judge...
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Judge: Sufficient Evidence Against In-State Defendants; Discovery Unnecessary
NEW ORLEANS - A woman allegedly exposed to asbestos on the clothing of her father states a reasonable basis for relief against a defendant providing jurisdiction in state court, a Louisiana federal...
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Co-Worker Testimony Establishes Premises Owner's Control Over Worksite, Judge...
NEW YORK - Co-worker testimony sufficiently indicates an asbestos defendant's control over subcontractors and a worksite, a New York justice held March 27 (John E. Cisler and Carol Cisler v. A.O. Smith...
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Settlement Resolves $8.7M Verdict Appeal Pending In Texas Since 2004
BEAUMONT, Texas - A Texas appeals court on April 11 vacated an $8.7 million asbestos verdict handed down in 2003 against Quigley Co. Inc. after the parties settled, resolving an appeal put on hold by...
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Md. Bankruptcy Judge Declines To Reconsider Lifting Stay To Settle Asbestos...
BALTIMORE - A Maryland federal bankruptcy judge on March 29 denied a request to reconsider her decision to lift the automatic stay in Lloyd E. Mitchell Inc.'s (LEM) Chapter 11 case so a confidential...
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5th Circuit Affirms Ex-Asbestos Litigator's Judge-Bribing Guilty Plea
NEW ORLEANS - Prominent tobacco and asbestos litigator Richard "Dickie" Scruggs' guilty plea to bribing a judge who presided over a fee dispute has been affirmed by the Fifth Circuit U.S. Court of...
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Florida Appeals Court Reinstates Tobacco Wrongful Death Claims
MIAMI - The Third District Florida Court of Appeal on April 10 reinstated tobacco wrongful death claims against Philip Morris USA Inc. that had been dismissed as untimely by a trial court, saying that...
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Mississippi Supreme Court Says Tax Was Illegal But Nixes Attorney Fees
JACKSON, Miss. - Mississippi's law regarding nonparticipating manufacturers (NPMs) to the 46-state tobacco Master Settlement Agreement (MSA) unfairly discriminates against the companies, the state...
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Tennessee Supreme Court Says State Can't Hale Indonesian Company
NASHVILLE, Tenn. - Despite having sold millions of cigarettes in the state, an Indonesian cigarette distributor is not subject to personal jurisdiction over its failure to pay a $168,316 assessment to...
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Litigator's Guilty Plea To Bribing Judge Is Affirmed By 5th Circuit
NEW ORLEANS - Prominent tobacco and asbestos litigator Richard "Dickie" Scruggs' guilty plea to bribing a judge who presided over a fee dispute has been affirmed by the Fifth Circuit U.S. Court of...
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FDA Says It Won't Appeal Prohibition Of Warning Labels
WASHINGTON, D.C. - The U.S. Food and Drug Administration will revise proposed graphic cigarette warning labels rather than appeal to the U.S. Supreme Court a case in which the labels were found to...
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Virginia Restaurant Is Not Exempt From Smoking Ban, State Appeals Court Rules
RICHMOND, Va. - State law exempting certain tobacco-related businesses from a general smoking ban under the Virginia Indoor Clean Air Act (VICAA ) does not apply to a restaurant and hookah bar, a...
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Native Tribe Must Pay Into Escrow Fund Of National Tobacco Settlement
SPOKANE, Wash. - Because the bulk of the tobacco a Native American tribe sells is not grown on reservation lands, it must pay into an escrow account required by the national Master Settlement Agreement...
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Prisoner's Claim For Ceremonial Tobacco Is Ruled Moot By Transfer
FRESNO, Calif. - A prisoner claiming confiscation of tobacco and other items by California Department of Corrections and Rehabilitation (CDCR) officials infringed his religious rights under the First...
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Federal Judge Says Native Prisoner Failed To Exhaust Remedies
SAN FRANCISCO - A Native American inmate at California's San Quentin State Prison (SQSP) who says his religious rights were violated by confiscation of ceremonial tobacco failed to exhaust all...
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