Heather Isringhausen Gvillo News
Summary judgment granted in asbestos case after claimant failed to respond
CHARLOTTE, N.C. (Legal Newsline) – A North Carolina federal judge has concluded that summary judgment was proper for seven defendants in an asbestos lawsuit after the claimant failed to respond to any of the defendants’ motions.
‘Bad facts make bad laws’: Attorneys compare Mo. and Ill. asbestos Workers' Compensation laws
ST. LOUIS (Legal Newsline) – While comparing asbestos litigation trends in neighboring states, two attorneys from both sides of the asbestos argument predict a wave of insurance cases as asbestos defendants fight for coverage from decades-old insurance packages.
Garlock, counsel for asbestos claimants fighting over $2.5M attorneys fee request
CHARLOTTE, N.C. (Legal Newsline) – The Official Committee of Asbestos Personal Injury Claimants, or ACC, has requested more than $2.5 million in fees and $175,632 in expenses in response to its work in the Garlock Sealing Technologies bankruptcy case - an amount Garlock has objected to.
Turbine manufacturer proved removal of asbestos case was proper, federal judge rules
NEW ORLEANS (Legal Newsline) – A Louisiana federal judge has denied an asbestos claimant’s motion to remand, ruling that the defendant sufficiently proved it was acting according to the government’s specifications.
Asbestos attorneys discuss opposing arguments in government contractor defense
ST. LOUIS (Legal Newsline) – As more and more asbestos cases are filed by former Navy sailors and their families, asbestos attorneys from both sides of the litigation have expressed the importance of documents establishing Navy specifications in relation to the government contractor defense.
No trends in asbestos replacement part cases, attorneys from both sides say
ST. LOUIS (Legal Newsline) – As more asbestos defendants seek bankruptcy protection, replacement part lawsuits have become more common in asbestos litigation - but two attorneys agree there seems to be no trend as states rule down the middle on the subject.
Medicare set-asides can protect attorneys in settled asbestos cases, attorney advises
ST. LOUIS (Legal Newsline) – Just as jury verdicts take medical expenses into consideration in asbestos lawsuits, set-asides for medical expenses can also be important when settling cases, a settlement expert recently said.
Attorney: Texas asbestos decision 'absolutely not' gaining traction in other jurisdictions
ST. LOUIS (Legal Newsline) – A Texas defense attorney recently said that as asbestos litigation changes, the laws governing legal causation must also change – and the recent Bostic decision from the Texas Supreme Court is a prime example of that change despite the fact that it is not having a nationwide impact yet.
Next asbestos bankruptcy could see Garlock-style fight or Bondex-style deal
WILMINGTON, Del. (Legal Newsline) – When the next asbestos-related bankruptcy occurs, the Garlock Sealing Technologies case and Bondex International case will provide the debtor with two separate approaches for resolving disputes over asbestos liability.
Judge: Asbestos claimant only included defendants to keep case out of federal court
NEW ORLEANS (Legal Newsline) – When determining whether the court had jurisdiction over an asbestos case, a Louisiana district judge has concluded that the claimant only joined certain defendants to the case in an effort to keep it in state court.
Litigating asbestos cases in federal court more work but beneficial, attorneys say
ST. LOUIS (Legal Newsline) – Since asbestos cases have found their way back into federal courts across the nation, attorneys from both sides of the asbestos litigation field have agreed that litigating in district courts is nothing to be afraid of.
St. Louis growing into a destination for asbestos claims, attorneys say
ST. LOUIS (Legal Newsline) – Two asbestos attorneys discussed at a conference on Thursday how St. Louis has grown in recent years as a more attractive asbestos jurisdiction.
Mo. judge critical of summary judgment arguments in asbestos case
KANSAS CITY, Mo. (Legal Newsline) – A Missouri federal judge has ruled that no case law and only one paragraph supporting a defendant’s argument for summary judgment is not sufficient to win summary judgment in an asbestos lawsuit.
First documents filed pursuant to unsealing order in Garlock bankruptcy case
CHARLOTTE, N.C. (Legal Newsline) – The debtors in the Garlock Sealing Technologies bankruptcy proceeding filed the first wave of documents on Monday in response to Judge George Hodges’s unsealing order.
Backlog of asbestos cases in Madison County will need addressed, attorneys say
ST. LOUIS (Legal Newsline) – Asbestos plaintiffs attorneys working in Southern Illinois recently said Madison County Circuit Judge Stephen Stobbs’ new approach to trial slots in the asbestos docket is creating a “backlog” of cases that will eventually need to be resolved.
Wash. SC rules Workers' Comp law doesn't extend to asbestos-related diseases
OLYMPIA, Wash. (Legal Newsline) – The Washington Supreme Court ruled on Thursday that the exception to the state’s Workers’ Compensation law does not extend to asbestos-related diseases because it is impossible to have absolute knowledge that an injury is certain to occur.
Current asbestos trust system provides 'easy opportunities' for fraud, bankruptcy attorney says
GEORGETOWN, Del. (Legal Newsline) – A bankruptcy attorney says opportunities and incentives for fraudulent conduct within the asbestos bankruptcy trust system are pervasive, and as a result, so is fraud.
Ind. court says plaintiff misrepresented work history in asbestos suit
INDIANAPOLIS (Legal Newsline) – An Indiana appeals court has affirmed a lower court’s conclusion that an asbestos decedent was not a credible witness after “misrepresenting” his work history, thus leading expert witnesses to believe he was exposed to a greater amount of asbestos fibers during his employment.
Order allowing punitive damages in NYC asbestos cases violated state law, defendants say
NEW YORK (Legal Newsline) – Asbestos defendants opposing punitive damages in the New York City Asbestos Litigation court have requested a stay on the order in order to renew and reargue the issue.
Attorney says Garlock’s estimation 'pales in comparison' to importance of disclosure
CHARLOTTE, N.C. (Legal Newsline) – With the unsealing process in the Garlock Sealing Technologies bankruptcy proceeding ongoing, attorney Mark Plevin has detailed the importance of access to the protected evidence that led to Bankruptcy Judge George Hodges’ landmark decision.