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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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N.C. Appellate Court Affirms Denial of Benefits in Auto Mechanic’s Asbestos Case

A North Carolina appellate court has affirmed the denial of benefits in an asbestos case, finding that the Full Commission did not err when it found that the “overwhelming circumstantial evidence” showed that the decedent was last exposed to asbestos during a later employment.


Iowa Appellate Court Reverses Multi-Million Verdict, Cites Improper Statements from Plaintiffs’ Counsel

An Iowa appellate court has reversed a multi-million asbestos verdict, ordering a new trial in the matter on grounds that statements made by plaintiff’s counsel during closing arguments violated a prior trial court order.


R.I. Court Denies Plaintiff Request to Voluntarily Dismiss Asbestos Complaint, Says Dismissal Would Prejudice Defendants

A Rhode Island court has denied an asbestos plaintiff’s motion to voluntarily dismiss her suit without prejudice, saying it would prejudice the named defendants since they have “actively participated in the litigation….”


Missouri Court Reconsiders, Grants CBS’s Motion to Dismiss for Lack of General Jurisdiction in Asbestos Case

A Missouri federal court has reconsidered –– and granted –– CBS Corp.’s motion to dismiss asbestos claims asserted against it for lack of general jurisdiction, saying that a recent Missouri Supreme Court holding clarified that complying with a state’s foreign corporate registration statute does not operate as consent to jurisdiction.


Del. Court Rejects Appeal of Summary Judgment Order Relating to Third-Party Replacement Parts

The Delaware Supreme Court has rejected asbestos plaintiffs’ challenge of a summary judgment award on claims relating to third-party replacement parts, opining that the decision is not appealable because a jury has cleared Ford Motor of liability associated with its original and replacement asbestos brake parts.


3rd Circuit Reverses $36 Million Judgment Entered Against Insurer; Says Asbestos Exclusion Was Unambiguous

The 3rd Circuit U.S. Court of Appeals has reversed a $36 million judgment entered against the excess insurer of an asbestos defendant, ruling that the plain language disclaiming excess net loss arising out of asbestos in unambiguous on its face.


Wis. Court Awards Summary Judgment to 7 Defendants in Asbestos Case; Allows Claims to Proceed Against John Crane

A Wisconsin federal court has awarded summary judgment to seven asbestos defendants, concluding in part that the plaintiffs had failed to present evidence that those companies had manufactured a defective product or failed to warn about the dangers of asbestos.


Wash. Jury Awards $81.5 Million in Auto Parts Asbestos Case Against NAPA, Genuine Parts Co.

A Washington jury has awarded $81.5 million at the conclusion of a trial involving asbestos-containing brake products against NAPA and Genuine Parts Co., HarrisMartin Publishing is reporting.


Asbestos Bankruptcy Trust Claim Legislation Signed into Law by N.D. Governor

The governor of North Dakota has signed into law legislation requiring asbestos plaintiffs to disclose the asbestos trust claims that have been submitted and a listing of all trust claims that could have been made by the plaintiff.


Va. Court Enjoins Second-Filed N.Y. Asbestos-Related Insurance Action, Says Cases are ‘Virtually Identical’

A Virginia federal court has enjoined a second-filed declaratory action relating to underlying asbestos personal injury claims, ruling that allowing both cases to proceed would constitute duplicative litigation.


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