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Judge won't dismiss former N.Y. bus driver's take-home asbestos exposure case
NEW YORK (Legal Newsline) – A New York judge has rejected a motion to dismiss in a former bus driver’s asbestos lawsuit alleging his wife was injured as a result of take-home asbestos exposure.
Federal judge rejects 'bare bones' motions to dismiss
ST. LOUIS (Legal Newsline) – A Missouri federal judge has denied several motions to dismiss an asbestos case, holding that the defendants’ motions were “bare bones” requests with no legal support.
Defendants win summary judgment in Okla. take-home asbestos exposure case
OKLAHOMA CITY (Legal Newsline) – An Oklahoma federal judge has granted summary judgment for three defendants in a take-home asbestos exposure case, concluding two box manufacturing companies and a boiler manufacturer did not owe a duty of care to a former plant supervisor’s wife.
Garlock decision could have pushed Bondex's asbestos agreement
WILMINGTON, Del. (Legal Newsline) – A law professor and bankruptcy attorney agree that a loss for asbestos plaintiffs attorney earlier this year in the Garlock Sealing Technologies proceeding could have been a major factor in Bondex's recently announced bankruptcy settlement.
Ky. appeals court affirms $1.6M award in pre-bankruptcy case against Garlock
FRANKFORT, Ky. (Legal Newsline) – A Kentucky appeals court has ruled that a jury’s $1.6 million award was proper in a former smoker’s asbestos case alleging lung cancer.
Del. SC grants new trial for asbestos defendant after $2.9M verdict
DOVER, Del. (Legal Newsline) – The Delaware Supreme Court has found in favor of a talc manufacturer in an asbestos case, concluding that the lower court erred when it failed to grant a new trial after witnesses made derogatory statements during testimony.
A look at two rulings $1B apart in bankruptcy proceedings of Garlock, Bondex
WILMINGTON, Del. (Legal Newsline) – Despite similar allegations and circumstances surrounding the Bondex International, Inc. and Garlock Sealing Technologies bankruptcy proceedings, the two cases reached very different judgments, bringing into question why.
Third Circuit rules for Georgia Pacific; Decedent's son couldn't remember if 'asbestos free' label was on product
PHILADELPHIA (Legal Newsline) – The U.S. Court of Appeals for the Third Circuit has affirmed a summary judgment award from the asbestos multidistrict litigation docket in Philadelphia, concluding that the claimants failed to provide sufficient evidence showing a home construction worker was exposed to asbestos from joint compound.
Garlock bankruptcy judge issues deadlines in unsealing process
CHARLOTTE, N.C. (Legal Newsline) – U.S. Bankruptcy Judge George Hodges released instructions and deadlines last week for the process of unsealing evidence introduced last year by Garlock Sealing Technologies that alleged fraud on the part of asbestos plaintiffs attorneys.
Texas Supreme Court applied unique approach to 'every exposure' theory in asbestos cases
AUSTIN, Texas (Legal Newsline) – While several states across the country have rejected the "every exposure" theory in asbestos cases, the recent Texas Supreme Court Bostic decision stands out due to its “Lohrmann Plus Standard.”
Second Circuit affirms $500M Travelers Insurance settlement over coverage of Johns Manville
NEW YORK (Legal Newsline) – The Second Circuit Court of Appeals has reinstated a $500 million settlement agreement against the former insurance company for Johns Manville in an asbestos case that has been tossed back and forth between three New York courts several times.
Punitive damages allowed in asbestos MDL maritime docket
PILADELPHIA (Legal Newsline) – Judge Eduardo C. Robreno, who oversees an asbestos multidistrict litigation in Philadelphia federal court, has decided that punitive damages awards are permitted in the maritime docket as a matter of law to seamen bringing unseaworthiness asbestos claims against shipowners.
Asbestos defendants appeal jurisdiction ruling in Madison County lung cancer cases
EDWARDSVILLE, Ill. (Legal Newsline) – Defendants in three separate Madison County, Ill., asbestos cases alleging lung cancer have appealed orders denying their forum non conveniens motions to dismiss, which a judge said failed to sufficiently argue that Illinois is inconvenient for all parties involved in the cases.
Decision in Legal Newsline's case enforces right of access, mass tort attorney says
CHARLOTTE, N.C. (Legal Newsline) - A mass tort attorney and blogger says a federal judge's ruling in favor of Legal Newsline should help bring much-needed transparency to asbestos and other mass tort bankruptcy cases.
Judge sides with Legal Newsline, overturns sealing of fraud evidence against asbestos attorneys
CHARLOTTE, N.C. (Legal Newsline) - Nearly one year after Legal Newsline filed a motion to keep the bankruptcy estimation trial of Garlock Sealing Technologies open to the public, a federal judge has ruled that evidence that alleged fraud on the part of asbestos attorneys should not have been sealed.
Crane Co. granted summary judgment based on bare metal defense
SAVANNAH, Ga. (Legal Newsline) - A Georgia judge has granted summary judgment for Crane Co. in an asbestos lawsuit, concluding that general knowledge, or speculator assumptions, is insufficient to defeat the defendant's motion.
'Every exposure' theory rejected in La. asbestos case
SHREVEPORT, La. (Legal Newsline) - A Louisiana federal judge has rejected the "every exposure" theory in an asbestos lawsuit and granted summary judgment to four defendants, concluding that the plaintiffs' expert's testimony is "internally inconsistent."
Madison County's asbestos docket lightens from a year ago by more than 100 cases
EDWARDSVILLE, Ill. (Legal Newsline) - The crowded asbestos docket in Madison County, Ill., saw a drop of more than 100 new asbestos case filings so far this year, which some attorneys attribute to the decrease of lung cancer cases.
Fight rages over punitive damages in N.Y. asbestos cases; Defendants claim 'chaos'
NEW YORK (Legal Newsline) - Nearly four months after New York Supreme Court Justice Sherry Klein Heitler reinstated claims for punitive damages in the New York City Asbestos Litigation, the parties continue to fight over whether the order was proper.
Asbestos case remanded for failing to provide NASA specs requiring asbestos
NEW ORLEANS (Legal Newsline) - A Louisiana judge has granted a former insulator's motion to remand his asbestos case based on the Federal Officer Removal Statute, concluding that the defendant failed to provide NASA regulations requiring asbestos.