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Federal judge nixes loss of consortium claims when asbestos exposure occurred pre-marriage
CHICAGO (Legal Newsline) - An Illinois federal judge has ruled that loss of consortium claims in asbestos cases are not appropriate if the asbestos exposure occurred before the plaintiffs got married, meaning the defendant owes no duty to the asbestos victim's spouse.
Jury awards asbestos plaintiff $9.3M; Defendant takes issue with punitive damages award
BOSTON (Legal Newsline) - A valve manufacturer is seeking a new trial after a Massachusetts jury awarded more than $9 million to a claimant represented by an asbestos trust, arguing that the trial court erred when it excluded any mention of the family's prior state court trial or the defendant's bankruptcy proceeding.
N.J. judge awards $90.5M to 11 families in asbestos default judgments
NEW BRUNSWICK, N.J. (Legal Newsline) - A New Jersey judge has awarded $90.5 million for pain and suffering to the families of 11 people who allegedly died as a result of asbestos exposure from the Johns Manville insulation plant.
Ohio appeals court dismisses asbestos insurance appeal
CINCINNATI (Legal Newsline) - An Ohio appeals court has dismissed a valve manufacturer's claim seeking declaratory judgment against an insurer on the grounds that the trial court failed to enter a final summary judgment order.
Texas SC rejects 'every exposure' theory in asbestos case
AUSTIN, Texas (Legal Newsline) - The Texas Supreme Court has ruled that an asbestos claimant failed to offer legally sufficient causation evidence, denying the "every exposure" theory on the grounds that simply offering evidence of exposure regarding a dose-related disease should not imply automatic liability.
Calif. appeals court reverses summary judgment for asbestos defendant
LOS ANGELES (Legal Newsline) - A California appeals court has reversed a trial court's summary judgment award in favor of an insulation company in an asbestos lawsuit on the grounds that it failed to meet its burden of proof.
University of Pennsylvania receives $10M to study Superfund asbestos site
PHILADELPHIA (Legal Newsline) - Researchers with the University of Pennsylvania received a $10 million grant to study asbestos and how the toxic fiber leads to asbestos-related disease in response to America's 10 Superfund sites.
Summary judgment granted in N.C. asbestos case; plaintiff failed to file timely response
RALEIGH, N.C. (Legal Newsline) - A North Carolina judge has approved summary judgment for several defendants in an asbestos lawsuit based on the plaintiff's failure to respond to the motions in a timely manner.
N.Y. appellate court affirms $12M jury verdict in consolidated asbestos cases
NEW YORK (Legal Newsline) - The New York Supreme Court's Appellate Division has ruled in favor of two plaintiffs in a consolidated asbestos case, affirming a $12 million jury verdict.
Garlock responds to fraud claims by asbestos claimants committee
CHARLOTTE, N.C. (Legal Newsline) - The debtors in the Garlock Sealing Technologies bankruptcy proceeding have filed a heavily redacted opposition to reopening the sealed record of 2013's estimation hearing that led to only $125 million being placed in a trust for asbestos claimants.
Insurers suspect fraud in the THAN asbestos bankruptcy trust, call for audit
GEORGETOWN, Del. (Legal Newsline) - Six insurance companies suspect fraudulent activity in the THAN asbestos personal injury trust based on the trust's refusal to permit an audit after raising the value of future and pending claims by more than $1 billion.
Fan injured by flying hot dog at Royals game has lawsuit reinstated by Mo. SC
JEFFERSON CITY, Mo. (Legal Newsline) - The Supreme Court of Missouri has reversed a jury's verdict in favor of the Kansas City Royals Baseball Corporation in a lawsuit alleging a flying hotdog thrown by mascot Sluggerrr caused eye injuries to a spectator.
Asbestos claimants object to Garlock's bar date proposal for a second time
CHARLOTTE, N.C. (Legal Newsline) - Asbestos claimants intending on filing claims against the debtors in the Garlock Sealing Technologies bankruptcy case have objected to a proposed bar date plan that establishes a deadline for when settled asbestos claims must be submitted.
Calif. appeals court rules for railway company in secondary asbestos exposure case
LOS ANGELES (Legal Newsline) - A California appeals court recently held that a railway company did not owe a duty of care to a construction worker's wife who allegedly suffered secondary asbestos exposure because it could not be held responsible for premises liability claims based on the Campbell decision.
Woman hit in face by foul ball loses case against Ind. independent league team
INDIANAPOLIS (Legal Newsline) - The Indiana Supreme Court held on Friday that an independent league baseball team provided sufficient warnings to a fan who suffered broken bones and permanent loss of vision in one eye after being hit with a foul ball.
Gardner Denver's request for judgment denied in N.Y. electrician's asbestos case
NEW YORK (Legal Newsline) - A New York judge has denied an air compressor manufacture's motion for summary judgment in an electrician's asbestos lawsuit, finding that the plaintiff presented appropriate triable issues of fact regarding his alleged exposure.
Former members of asbestos claims resolution group can sue bankrupt co-member
PHILADELPHIA (Legal Newsline) - The U.S. Court of Appeals for the Third Circuit has held that former members of a group designed to resolve asbestos-related personal injury claims are permitted to raise breach of contract claims against a bankrupt company for its alleged failure to pay contractually obligated settlements and expenses exceeding $250 million.
Pa. appeals court holds statute of repose bars asbestos plaintiffs' claims
PHILADELPHIA (Legal Newsline) - A Pennsylvania appeals court has reversed a Philadelphia County jury's judgment against a defendant in an asbestos lawsuit, concluding that the statute of repose bars the plaintiffs' claims.
N.C. Bill 648 passes Senate without proposed bankruptcy transparency amendment
RALEIGH, N.C. (Legal Newsline) - The North Carolina Commerce Protection Act of 2014, also known as Senate Bill 648, passed out of the state Senate on June 11 and was sent to the House, carrying with it a narrow asbestos reform amendment addressing successor liability thatprotects certain successor corporations from asbestos-related liabilities of the transferor.
Ill. jury enters verdict in favor of asbestos defendant
BLOOMINGTON, Ill. (Legal Newsline) - An Illinois jury recently entered a verdict in favor of an insulation distributor, seller and installer in a pipefitter's asbestos lawsuit.