Asbestos is the source for more complete asbestos-related litigation news. Summaries of important decisions, verdicts and complaints are at the core of every issue, but this publication isn't simply a review of case law. We identify the critical trends and track important stories as they unfold, bringing you unique insights and valuable information.
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An amici group has filed a brief in the appeal of an intermediate appellate court order tossing an $11 million asbestos verdict, agreeing with Ford Motor’s position that the court’s decision was proper because the plaintiffs’ expert causation testimony did not satisfy dosage quantification requirements.
Miss. Supreme Court: Defendant Wrongfully Barred from Seeking Setoff from Asbestos Bankruptcy Trusts
The Mississippi Supreme Court has found that an asbestos defendant was wrongfully barred from seeking a setoff from asbestos bankruptcy trusts, concluding the Federal Employers’ Liability Act did not allow a party to collect from multiple parties.
Issue #208, February 2018
Parties in Federal Docket for Massachusetts Asbestos Cases File Motion to Establish Next Trial Group
The parties involved in the federal docket for Massachusetts asbestos claims have field a joint motion to establish the next trial group, according to recent court documents.
J&J Stock Holders File Federal Securities Class Action Complaint, Say Defendant Failed to Disclose Presence of Asbestos in Talc Products
Johnson & Johnson stock holders have filed a class action against the company, contending that the defendant has known for “decades” that its talc products include asbestos fibers and “misrepresented and failed to disclose” the alleged danger its products posed to consumers.
A Delaware state court has affirmed a Special Master’s decision concluding that an unfinished deposition of a decedent was inadmissible, finding no error with the finding that the defendant did not have a meaningful opportunity to develop the decedent’s testimony.
A Washington federal court has granted in part motions challenging expert testimony in an asbestos case, concluding that one expert could not testify as to any numerical range of exposure.
Kansas Court Rejects Objections to Order Disallowing Disclosure of Expert After Deadline in Asbestos Case
A Kansas federal court has rejected defense objections to a magistrate judge’s order finding that the asbestos defendant should not be permitted to disclose a ninth expert witness after the expert disclosure deadline.
Defendants in Asbestos Cosmetic Talc Case Say Suit Doesn’t Belong in Asbestos Docket, Seek Assignment to Complex Litigation Center
Defendants named in an asbestos cosmetic talcum powder case have filed a motion to assign the case to the county’s complex litigation center, arguing that the claims should not be governed by Allegheny County’s Asbestos Docket since that docket’s case management orders do not account for extensive expert discovery or admissibility practice required of the underlying proceedings.
Ore. Court Refuses to Remand Asbestos Suit, Saying It Has ‘Reason to Doubt’ Plaintiff’s Second Waiver of Federal Claims
The Oregon federal court has refused to remand an asbestos case, saying that it had reason to doubt the plaintiff’s second attempt to waive claims based on alleged exposure on U.S. Naval ships.
Ore. Court Remands Asbestos Suit, Says Separating State-Based Claims Would Cause ‘Unnecessary Cost, Delay’
An Oregon court has remanded an asbestos lawsuit, finding that since the plaintiffs had waived any claims relating to exposure on U.S. Naval ships, separating state-based claims would cause “unnecessary cost, delay, and risk of inconsistent verdicts.”