Heather Isringhausen Gvillo News
Motions ask bankruptcy judge to keep Garlock evidence sealed
CHARLOTTE, N.C. (Legal Newsline) – Thirteen motions to seal were filed in the Garlock Sealing Technologies bankruptcy proceeding before the deadline ended on Thursday, meaning Bankruptcy Judge George Hodges will release all sealed documents without pending motions to the public no later than Sept. 21.
Ohio SC: Asbestos testimony used in tort claims inadmissible in Workers' Comp claims
COLUMBUS, Ohio (Legal Newsline) – The Ohio Supreme Court has held that depositions used in asbestos lawsuits cannot also be used in Workers’ Compensation claims if the employer was not a defendant in the tort action.
Asbestos attorney Paul Napoli diagnosed with cancer, expected to recover
ST. LOUIS (Legal Newsline) – Senior Partner Marc Bern of the Napoli, Bern, Ripka & Shkolnik law firm announced at a meeting on Friday that Paul Napoli has been fighting leukemia.
Del. judge fines Napoli law firm $1,000 over bankruptcy trust claim forms
WILMINGTON, Del. (Legal Newsline) – A Delaware judge has fined the Napoli law firm for failing to disclose a client's asbestos exposure filings for more than a year.
Republic Powdered Metals joins Bondex in bankruptcy as part of deal
WILMINGTON, Del. (Legal Newsline) – A manufacturer of roof restoration materials and founder of RPM International, Inc. became the most recent affiliate to enter Chapter 11 bankruptcy protection as part of an $800 million bankruptcy deal announced in July.
CompuDyne ordered to disclose relationship with asbestos-containing product
CLEVELAND (Legal Newsline) – An Ohio appeals court has held that disclosure is proper in an asbestos case where the defendant failed to provide information in its interrogatories detailing the company’s history and relationship with the asbestos-containing product at issue.
Medical expert's testimony not good enough in asbestos lung cancer case, Ohio SC rules
COLUMBUS, Ohio (Legal Newsline) – The Ohio Supreme Court recently held that the medical doctor testifying on causation in a former smoker’s asbestos case must be a treating physician and must indicate that the smoking habit, alone, is insufficient to cause the asbestos-related disease for the case to survive.
Napoli law firm addresses flooding of Madison County asbestos docket
ST. LOUIS (Legal Newsline) – The Napoli, Bern, Ripka, Shkolnik law firm held a meeting with asbestos attorneys on Friday to discuss future litigation plans and former mistakes, particularly with the firm’s initial approach to filing asbestos lung cancer cases in Madison County, Ill.
La. asbestos attorneys want clients' info to remain sealed in Garlock case
CHARLOTTE, N.C. (Legal Newsline) – The first motion to seal in the Garlock Sealing Technologies bankruptcy proceeding was filed on Thursday by Louisiana asbestos attorneys, exactly one week before the deadline.
Third Circuit revives fraud complaint against Cahill Gordon law firm
PHILADELPHIA (Legal Newsline) – The Third Circuit Court of Appeals has revived a complaint alleging the BASF Catalysts Inc. took part in systematic fraud with the help of attorneys from Cahill Gordon & Reindel when it fabricated false documents showing its predecessor’s talc products did not contain asbestos.
Asbestos MDL judge rules Boeing owed no duty to spouse for take-home exposure
PHILADELPHIA (Legal Newsline) – Judge Eduardo C. Robreno, who oversees an asbestos multidistrict litigation in Philadelphia federal court, has ruled that Pennsylvania law does not support imposing a duty to warn of take-home exposure in asbestos litigation.
Asbestos plaintiffs’ attorneys fight against transparency laws for bankruptcy trusts
HARRISBURG, Pa. (Legal Newsline) – As the deadline for unsealing the estimation record of the Garlock Sealing Technologies bankruptcy proceeding draws nearer, talks of asbestos trust transparency are on the rise. But three asbestos plaintiffs’ attorneys argue that many arguments in support of transparency aren’t quite what they seem, calling them “nothing more than tort reform.”
Wis. court erred when it refused to consider lengthy briefs filed minutes before deadline, appeals court rules
MILWAUKEE (Legal Newsline) – A Wisconsin appeals court has held that a lower court acted erroneously when it refused to even consider an asbestos decedent’s summary judgment opposition briefs that were filed just minutes before the deadline and were each several pages over the allowed limit.
Second Circuit finds reinsurer can refuse to pay in asbestos cases with late filings
NEW YORK (Legal Newsline) – The U.S. Court of Appeals for the Second Circuit has affirmed a lower court’s ruling that Illinois law allows a reinsurer to refuse to pay claims in asbestos cases when notices are filed several years late.
Judge allows Garlock to produce asbestos claimants' info in response to subpoena
CHARLOTTE, N.C. (Legal Newsline) – On Monday, Bankruptcy Judge George Hodges denied an emergency motion by the Official Committee of Asbestos Personal Injury Claimants seeking to prevent the debtors in the Garlock Sealing Technologies Bankruptcy Proceeding from producing specific data from the case in response to a subpoena.
Former smoker's award won't be reduced in Md. asbestos case
BALTIMORE (Legal Newsline) – Maryland's highest court has ruled that a trial court properly rejected a defendant’s request to have the jury apportion damages in an asbestos case involving a former smoker.
Calif. car dealer sues asbestos firm, calls its attorneys 'shakedown artists'
VISALIA, Calif. (Legal Newsline) – A California car dealership has filed a lawsuit alleging malicious prosecution against the Keller, Fishback & Jackson law firm for refusing to release the dealership from an asbestos wrongful death case despite allegedly having no evidence proving causation or liability.
Summary judgment reversed in asbestos case; Only one issue raised by defendant
TACOMA, Wash. (Legal Newsline) – A Washington appeals court has reversed a trial court’s judgment in an asbestos case, concluding the defendant only identified one issue in its summary judgment request, which was insufficient.
St. Louis to host HarrisMartin asbestos conference
ST. LOUIS (Legal Newsline) – HarrisMartin Publishing is hosting an asbestos conference in St. Louis next month with Madison County’s Judge Stephen Stobbs scheduled to speak about the county’s growing asbestos docket.
Claimants' reps ask them to reject Garlock bankruptcy plan
CHARLOTTE, N.C. (Legal Newsline) – The Asbestos Claimants Committee has asked asbestos claimants to reject Garlock Sealing Technologies’ Amended Plan of Reorganization in an objection filed Thursday, calling the plan “unfair” and arguing that it does not ensure full recovery for mesothelioma claimants.