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Justice Finds Questions Exist Regarding Manufacturing Of Asbestos Floor Tile
NEW YORK - Conflicting evidence about when a company ceased manufacturing asbestos-containing floor tile creates material questions of facts, a New York justice held in an opinion posted May 7 (Timothy...
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New York Justice: Insufficient Evidence Links Bakelite To Kentucky Facility
NEW YORK - A widow alleging that her deceased husband suffered asbestos exposure after emigrating to the United States from the Ukraine has not shown that a company used a defendant's...
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Washington Court Told Employer Liability Ruling Followed Existing Law
SEATTLE - An appeals court's dismissal of an employee's asbestos tort action did not create a new liability bar but simply applied existing case law, an employer argues in an April 1 response to a...
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New York Court Keeps Coal Tar Pitch Fumes Defendants In Asbestos Action
ROCHESTER, N.Y. - A judge properly denied a motion to sever coal tar pitch fume defendants from an action also alleging asbestos exposure, a New York appeals court held May 3 in finding that...
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Ark. Top Court Finds Asbestos, Silica Action Barred By Workers' Compensation Law
LITTLE ROCK, Ark. - A man's injuries from asbestos and silica arose within three years of his last exposure, making the state's workers' compensation system his exclusive remedy, the Arkansas Supreme...
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California Court: City's Failure To Respond Waived Statute Of Limitations...
LOS ANGELES - A Los Angeles government entity cannot ignore its statutory duty to respond to what it believes is an untimely asbestos action and then later defend itself by arguing that the claim is...
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Louisiana Court: Household Asbestos Case Proceeds On Residence, Laundry...
NEW ORLEANS - A man's reference to his father's residence as the "family home" and evidence that he helped with the family laundry creates sufficient questions to allow his household asbestos exposure...
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Court: Bankrupt Company Must Find Someone Who Can Verify Responses
LOS ANGELES - A judge must rule on a response to a request for admissions as unverified unless a bankrupt and dissolved asbestos defendant appoints someone with the power to decide whether its attorney...
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California Top Court Dismisses Appeal In Light Of Greb
SACRAMENTO, Calif. - The California Supreme Court on May 1 dismissed an appeal that challenged dismissal of a dissolved company, citing in its docket order its holding that California's unlimited time...
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New York Justice Consolidates 15 Asbestos Cases Into 3 Trial Groups
NEW YORK - Fifteen asbestos actions may proceed to trial in three groups consolidated around work histories, a New York justice held in an opinion posted May 7 (In re: New York City Asbestos...
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Maryland Court Rejects Damages For Plaintiffs Never Officially Added To Action
BALTIMORE - The statute of limitations bars recovery by plaintiffs named but never officially added to four consolidated asbestos actions, the Maryland Court of Special Appeals held May 2 (The Wallace...
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MDL Judge Rejects Unsworn Affidavit, Grants Judgment On Claims
PHILADELPHIA - The judge overseeing the federal asbestos multidistrict litigation on April 3 refused to consider an unsworn affidavit from an expert and found that without the evidence, the plaintiff's...
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New York Justice Denies Judgment Based On Affidavit Unsupported By Evidence
NEW YORK - An affidavit unsupported by any type of documentary evidence falls short of eliminating questions regarding a man's exposure to asbestos from air conditioning units, a New York justice held...
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Mischaracterized Testimony Led To Summary Judgment Denial, Gasket Maker Argues
PHILADELPHIA - A man mischaracterized co-worker testimony relied on by a judge to grant summary judgment in similar motion by another defendant, a gasket maker argues in a May 3 memorandum seeking...
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Judge Reverses Dismissal Of Veteran's Asbestos-Related Sleep Apnea Claim
WASHINGTON, D.C. - Having found that lay testimony credibly supported a veteran's asbestos-related sleep apnea claim, a veterans appeals board then erred by dismissing the evidence based on a medical...
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Veterans Appeals Judge Vacates Ruling Denying Benefit Claim
WASHINGTON, D.C. - A veterans appeals board failed to adequately explain its decision to deny a Navy veteran's widow's claim, a federal appeals judge held May 6 (Jeanette Smith v. Eric K. Shinseki,...
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Judge Vacates Unsupported Ruling Finding Veteran's Medical Evidence 'Immaterial'
WASHINGTON, D.C. - The U.S. Board of Veterans Appeals failed to adequately explain why newly submitted medical evidence was immaterial and on remand must address the issue, a federal appeals judge held...
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Judge Rejects Product Liability Claims, Affirms That Ship Is Not A Product
PHILADELPHIA - A widow's product liability claims fail because a ship is not a product under maritime law, but she adequately pleads her negligence claim, the judge overseeing the federal asbestos...
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U.S. Senator Max Baucus Of Montana Announces Resignation
WASHINGTON, D.C. - Sen. Max Baucus, D-Mont., who represents residents of asbestos-tainted Libby, Mont., and who for seven straight years sponsored legislation making the first week of April "Asbestos...
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Bankruptcy Judge Confirms Thorpe Insulation Co.'s Section 524(g) Plan On Remand
LOS ANGELES - Reorganized Thorpe Insulation Co.'s Chapter 11 plan of reorganization, revised to reflect settlements reached on remand with all of the remaining insurance companies objecting to the...
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