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Panel: Court's Reasoning As To Breach Of Contract Claim Is 'Inadequate' For...
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 24 found that a lower federal court's reasoning behind its dismissal of an insured's breach of contract claim against an insurer is...
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Damage Caused By Insured's Defective Work Is Not An 'Occurrence,' Panel Affirms
COLUMBUS, Ohio - Damage to air conditioning units caused by an insured's faulty work does not involve property damage caused by an occurrence under a commercial general liability insurance policy, an...
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Virginia Top Court Agrees To Hear Causation Challenge To $9.18 Million Verdict
RICHMOND, Va. - According to its docket, the Virginia Supreme Court on April 16 agreed to decide whether a judge committed reversible error by trying an implied warranty claim resulting in a $9.18...
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Appeals Courts Affirms Defense Verdict After Divisive Pennsylvania Asbestos...
PHILADELPHIA - A couple's failure to object to the inclusion of an alternate juror in deliberations or voting dooms their challenge to an asbestos verdict, a Pennsylvania appeals court held April 16...
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Family Tells Texas Top Court To Review Ruling Barring Liability For Premises...
DALLAS - An appeals court ruling would reverse 100 years of Texas precedent and preclude liability for premises owners who act negligently but did not assert control over the work of the contractor,...
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New York Justice Creates 3 Groups For Consolidated Trials
NEW YORK - Overlapping work histories, similar types of employment and disease and shared product exposures warrant breaking 15 asbestos cases into three trial groups and two separate trials, a New...
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Texas Senate Committee Approves Asbestos Medical Report Dismissal Legislation
DALLAS - The Texas Senate Committee on State Affairs on April 29 unanimously approved legislation dismissing asbestos claims with inadequate medical reports....(read more)
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Company: Discovery Failures Require Rejection Of Trial Assignment
NEW YORK - Failure to respond to discovery requests prejudiced a defendant and should bar a case from being sent to a judge for trial, a defendant argues in an April 22 letter (Angelo Ippolito and Anna...
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Widower To Appeal Ruling Barring Liability For Blow-Gun Products
BRIDGEPORT, Conn. - According to an April 4 docket entry, a widower will appeal a ruling that a manufacturer could not be held liable for exposure to asbestos arising from the use of its blow gun...
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Widower To Appeal Ruling Barring Liability For Air-Venting Products
BRIDGEPORT, Conn. - According to an April 3 docket entry, a man will appeal a Connecticut judge's finding that a manufacturer could not be held liable for failing to warn about the dangers of asbestos...
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MDL Judge Adopts Report Dismissing Fear-Of-Cancer Claim As Unsupported
PHILADELPHIA - The judge overseeing the federal asbestos multidistrict litigation on April 15 adopted a report and recommendation dismissing a man's fear-of-cancer claim (Jack B. Howell v. CSX...
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Judge Reverses Magistrate Judge's Ruling Finding Proper Joinder
NEW ORLEANS - Under asbestos plaintiffs' argument, "virtually any person could be liable in any case," a Louisiana federal judge held April 23 in reversing a magistrate judge's ruling finding joinder...
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JPMDL Ceases Transfer Of Asbestos Cases From Virginia's Eastern District
WASHINGTON, D.C. - The U.S. Judicial Panel on Multidistrict Litigation on April 19 adopted a suggestion ceasing transfer of asbestos cases from the U.S. District Court for the Eastern District of...
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Judge Finds No Evidence Of Defendant's Presence On Ship
PHILADELPHIA - A man established his work with pumps and flange gaskets aboard U.S. Navy vessels but not that the products originated with the defendant in question, the federal asbestos multidistrict...
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MDL Judge Finds Man's Testimony Against Pump Maker Lacking
PHILADELPHIA - A man's testimony regarding work with pumps aboard naval ships does not sufficiently establish work with the defendant's pumps or that the work resulted in asbestos exposure, the federal...
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Judge: Engineer's Affirmative Response Can't Establish Product's Multiuse Design
BRIDGEPORT, Conn. - A design engineer's verification to a statement asking him if the company's products were intended for multiple uses does not settle the question, a Connecticut judge held in...
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Justice Finds Exposure Testimony, Blueprints Overcome Summary Judgment
NEW YORK - Evidence suggesting that asbestos-containing valves were installed on ships similar to those a man worked on, combined with testimony regarding the presence of and exposure to dust,...
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Court Finds Evidence Of 'A Lot' Of Product Usage, Expert Testimony Sufficient
LOS ANGELES - Evidence that a man worked with a company's asbestos-containing product "a lot of times" and expert testimony linking the exposures and mesothelioma satisfy California's causation...
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N.Y. Justice Finds Evidence Of Exposure, But Not From Defendant's Brake Shoes
NEW YORK - Co-worker testimony suggests that a car inspector suffered asbestos exposure during the course of his work but never identifies a defendant as the manufacturer of the brake shoes in...
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Previously Rejected 'Military Contractor' Evidence Still Lacking, Judge Says
LOUISVILLE, Ky. - A Kentucky federal judge on April 24 denied Union Carbide Corp. summary judgment on the military contractor defense, saying that an expert's deposition and 20-year-old evidence he...
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