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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A New York trial court has denied Kaiser Gypsum’s efforts to obtain summary judgment in an asbestos case involving its joint compound, concluding that the plaintiffs had demonstrated facts and conditions from which the company’s liability may be reasonably inferred.
A New York federal court has remanded an asbestos personal injury action, finding that Kaiser Gypsum had not present enough evidence to warrant an exception to the one-year time limit on removal.
A Missouri federal court has denied summary judgment for an insurance in an asbestos-related dispute, finding that the plaintiff had presented sufficient evidence to establish it sustained damages relating to the insurer’s refusal to provide defense or indemnification to the company.
A Connecticut federal court has awarded summary judgment to General Electric in an asbestos case, noting that while the motion was unopposed, no genuine issue of material fact as to whether the company’s products were a substantial factor in causing the plaintiff’s injury.
A Pennsylvania court has dismissed an asbestos case, concluding that the claims are preempted by the Locomotive Inspection Act given that the parts at issue in the case were integral or essential to the completed locomotive.
A Louisiana federal court has remanded an asbestos case, saying that the removing defendant cannot rely on the Federal Removal Office statute for removal, but cautioning that the precedent may change when the 5th Circuit U.S. Court of Appeals rehears a case involving the court’s application of a pre-2011 causal nexus test.
Defendants Point to Full Study Questioning Link Between Talc and Ovarian Cancer; Plaintiffs Say Defense Letter Lacks ‘Context’
Parties involved in the national multidistrict litigation docket for talcum powder personal injury claims have exchanged correspondence on the full release of a study examining a potential link between talcum powder usage and ovarian cancer, with the plaintiffs maintaining that the full study supports the opinions expressed by plaintiffs’ experts.
Efforts by asbestos defendant Rheem Manufacturing Co. to obtain summary judgment have been denied by a New York trial court, which found that the conflicting evidence in the case created credibility issues and “facts and conditions from which Rheem’s liability may be reasonably inferred.”
N.Y. Court Denies Boiler Defendant’s Efforts to Toss Failure-to-Warn, Punitive Damages Claims in Asbestos Case
A New York trial court has denied a motion to dismiss filed by Burnham in an asbestos case, finding that the plaintiffs had provided sufficient evidence to support allegations that the company specified, and knew of the use of, and sold asbestos-containing materials for insulating its boilers.
Parties remaining in an asbestos cosmetic talcum powder trial in California have reached a settlement agreement after 11 days of trial, the court informed jurors this morning.