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Asbestos

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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Current Issue

Appellate Court Upholds Denial of Asbestos Defendant’s Bid for Summary Judgment

A New York appellate court has denied an asbestos defendant’s efforts to appeal a lower court order denying it summary judgment, concluding that the company failed to establish prima facie entitlement to summary judgment.


Md. Court Affirms Verdict for Asbestos Plaintiff, Says Circumstantial Evidence Enough to Support Causation

Maryland’s highest court has affirmed a jury verdict in favor of the plaintiff in an asbestos bystander exposure case, concluding that circumstantial evidence, and the resulting reasonable inferences, can be sufficient to establish exposure and liability in asbestos cases.


N.Y. Court Refuses to Vacate Order Dismissing Cyprus Amax Minerals from Asbestos Talc Case

A New York trial court has refused to vacate an earlier order dismissing Cyprus Amax Minerals Co. for lack of personal jurisdiction, finding that the plaintiffs had failed to demonstrate that the defendant had so much control over Cyprus Mines Co. such that it would make the defendant liable for talc-related torts of Cyprus Mines.


N.Y. Court Refuses to Vacate $5 Million Pain and Suffering Award in Asbestos Case

A New York appellate court has upheld a jury award of $5 million for past pain and suffering issued against Burnham LLC in an asbestos exposure case, ruling that it was appropriate in light of the decedent’s “unique characteristics and the extent of his suffering.”


Issue #224, June 2019

Calif. Appellate Court Orders Asbestos Retrial, Says ‘Minor’ Difference in Study Methodology Not Enough to Justify Directed Verdict Order

A California appellate court has reversed an order granting American Biltrite Inc. directed verdict at the close of plaintiffs’ evidence in an asbestos trial, finding that a “minor difference” in study methodology was not enough to justify a directed verdict in favor of the defendant.


Appellate Court: Asbestos Plaintiffs Failed to Show ‘Snow Drift’ Manufacturer Targeted Utah Consumers

A Utah appellate court has reversed an order conferring jurisdiction over the manufacturer of the product Snow Drift, which the plaintiffs asserted contained asbestos, saying that merely placing the product into the stream of commerce with the knowledge that it could be swept into the forum state does not subject the manufacturer to personal jurisdiction.


N.J. Court Retains Jurisdiction over Asbestos Case, Says Forum Defendants Not Properly Served Prior to Removal

A New Jersey federal court has retained jurisdiction over an asbestos cosmetic talc case, saying that since the plaintiff had no served the forum defendants prior to removal, the case could remain in federal court.


N.Y. Court Denies Summary Judgment Motion from Gasket Manufacturer in Asbestos Case

A gasket and packing manufacturer’s efforts to obtain summary judgment in an asbestos case have been rebuffed by a New York trial court, which concluded that it had grounds to exercise personal jurisdiction over the company.


N.Y. Court Dismisses Asbestos Talc Claims Against Cyprus Defendants on Jurisdiction Grounds

A New York court has dismissed asbestos cosmetic talcum powder claims against Cyprus Minerals Corp., and Cyprus Amax Minerals Co. on jurisdiction grounds, finding that the plaintiffs have failed to establish that successor liability was present in the instant case.


N.Y. Court Pushes Trial Setting in Asbestos Cosmetic Talc Case, Allows Parties Time for Further Testing of Samples

A New York trial court has pushed a cosmetic talcum powder asbestos trial to October, finding that while Revlon was not prejudiced by testing to historic samples obtained by counsel for the plaintiffs, it should be permitted time to perform its own testing.


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