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Death on the High Seas Act applies in part to former sailor’s asbestos case
WEST PALM BEACH, Fla. (Legal Newsline) – A Florida federal judge has concluded that because a former sailor in the U.S. Navy was exposed to asbestos while on the high seas and in port, the Death on the High Seas Act only applied in part.
Compensatory damages slashed by 80 percent but $18M punitive damages award not reduced in asbestos case
LOS ANGELES (Legal Newsline) – A California appeals court has affirmed a jury verdict in favor of an asbestos claimant, supporting the trial court’s refusal to disturb the $18 million punitive damages award even though it reduced the compensatory damages award by 80 percent.
Frequency, regularity and proximity not established in asbestos case
PHILADELPHIA (Legal Newsline) – A federal judge in the nation’s asbestos multidistrict litigation court has held that summary judgment was proper in a case that, he says, failed to establish the frequency, regularity and proximity standards in proving causation.
EPA awards $124K grant to help reduce asbestos exposure in Texas schools
DALLAS (Legal Newsline) – In honor of Children’s Health Month, the U.S. Environmental Protection Agency has awarded the Texas Department of State Health Services a $124,741 grant to help reduce asbestos exposure in schools.
All asbestos claims filed after established bar date disallowed in Garlock bankruptcy
CHARLOTTE, N.C. (Legal Newsline) – On Monday, bankruptcy Judge George Hodges ruled that any unfiled claims after the approved bar date in the Garlock Sealing Technologies bankruptcy will be disallowed.
Judge: Consolidation proper in asbestos cases alleging similar work site
PROVIDENCE, R.I. (Legal Newsline) – A Rhode Island judge has held that consolidation was proper in two asbestos cases with similar allegations and work sites.
Reinsurer allegedly refuses to pay for asbestos coverage
HARTFORD, Conn. (Legal Newsline) – A reinsurance company allegedly refuses to pay five separate billing claims from an insurance company covering asbestos lawsuits.
Federal judge sends asbestos case against Boeing back to N.J. state court
NEW BRUNSWICK, N.J. (Legal Newsline) – A New Jersey federal judge has held that remand was proper in an asbestos case when he concluded that The Boeing Company failed to prove that military specifications prohibited it from providing warnings on its aircraft.
Judge sides with Legal Newsline, orders all documents unsealed in Garlock bankruptcy
CHARLOTTE, N.C. (Legal Newsline) – A Thursday hearing in the Garlock Sealing Technologies bankruptcy concluded in a win for Legal Newsline and other proponents of public access to the courts as Judge George Hodges ruled in favor of the publication and ordered essentially the entire record to be disclosed to the public.
Court: Statute of limitations for asbestos bankruptcy trust’s insurance claim has not run out
SAN FRANCISCO (Legal Newsline) – A California appeals court concluded that an asbestos bankruptcy trust seeking insurance relief may still bring a claim against one of its insurance companies because the statute of limitations has not run out.
Resin manufacturer files for bankruptcy; asbestos cases are stayed
WILMINGTON, Del. (Legal Newsline) – A North Carolina resin manufacturer and its affiliates that have been named in numerous asbestos lawsuits have filed for protection under Chapter 11 bankruptcy in order to address its current and future asbestos liability.
Chicago Gasket wins summary judgment in Ill. asbestos case
BLOOMINGTON, Ill. (Legal Newsline) – An Illinois district judge has granted summary judgment to a gasket manufacturer in a take-home asbestos exposure case in which the defendant claims it never even manufactured asbestos-containing gaskets.
Ohio court affirms Hodgkin's lymphoma-stricken man's award in asbestos case
CLEVELAND (Legal Newsline) – An Ohio appeals court has affirmed a jury verdict in favor of a plaintiff who alleged he developed Hodgkin’s lymphoma as a result of asbestos exposure.
Third Circuit rules against plaintiff who 'just knew' asbestos was used in Navy vessels
PHILADELPHIA (Legal Newsline) – The U.S. Court of Appeals for the Third Circuit has ruled that summary judgment was proper in an asbestos case where the decedent’s only evidence was that he “just knew” asbestos was used in the products at issue.
Sophisticated user doctrine rejected in Calif. asbestos case
SAN FRANCISCO (Legal Newsline) – A California judge has rejected an asbestos defendant’s argument that a San Francisco case was collateral estoppel of a connected Pennsylvania case where summary judgment was granted based on the “sophisticated user” doctrine.
Asbestos attorneys' motions to seal too vague to satisfy Garlock judge's order?
CHARLOTTE, N.C. (Legal Newsline) – In the midst of the unsealing process in the Garlock Sealing Technologies bankruptcy proceeding, a bankruptcy attorney said plaintiffs attorneys filing motions to seal were vague in their requests with the “clear goal” to cast a broad web, defying Bankruptcy Judge George Hodges’ orders to be specific.
Settlement practices of asbestos attorneys 'probably criminal activity,' attorney says
VISALIA, Calif. (Legal Newsline) – A California car dealership is criticizing settlement practices by the Keller, Fishback & Jackson law firm in a malicious prosecution lawsuit that alleges the firm refused to release the dealership from an asbestos wrongful death case despite having no evidence proving causation or liability.
N.J. court rules in appeals over $1.85 in insurance coverage for asbestos claim payouts
TRENTON, N.J. (Legal Newsline) – A New Jersey appeals court has affirmed a lower court’s judgments in a dispute over $1.85 billion in insurance coverage with respect to asbestos litigation, concluding that some policies had been exhausted and that an annual aggregate limit for each policy year is appropriate.
Motions to seal asbestos claimants' info too vague, parties argue
CHARLOTTE, N.C. (Legal Newsline) – As part of the unsealing process in the Garlock Sealing Technologies bankruptcy proceeding, several oppositions to sealing requests were recently filed, claiming that the motions were too vague.
Md. court says defendant did not have a duty to warn of asbestos-containing parts
ANNAPOLIS, Md. (Legal Newsline) – A Maryland appeals court has ruled that a manufacturer did not have a duty to warn of the hazards associated with asbestos-containing component parts, concluding that foreseeability alone does not establish a duty.