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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.Y. Court Amends Order Reinstating Punitive Damage Claim in Asbestos Case to Correctly Identify Defendants

A New York trial court has amended an order reinstating a punitive damages claim in an asbestos case after it erroneously named a defendant against which the claim should not have been reinstated.


N.Y. Court Dismisses Punitive Damage Claim Against Domco, Rejects Defendant’s Causation Challenges

A New York trial court has dismissed a claim for punitive damages asserted against Domco Products of Texas Inc. in an asbestos case, saying that the plaintiffs’ failure to put the company on notice that it would be pursuing such damages was “unfair” and a “violation of the defendant’s due process rights.”


Pa. Court Accepts Cosmetic Talc Meso Case Back to Docket after J&J’s Efforts to Remove Case Fail

A Pennsylvania state court has accepted a cosmetic talcum powder mesothelioma case back to its docket, noting that a federal court had rejected Johnson & Johnson’s efforts to remove the case.


N.J. Jury Awards $37.3 Million to 4 Plaintiffs in J&J Asbestos-Talc Trial; Punitive Phase Set for Fall

A New Jersey jury awarded a total of $37.3 million in compensatory damages to four plaintiffs in an asbestos-talc case after determining that their abdominal mesothelioma was caused by their exposure to Johnson & Johnson Baby Powder, sources have confirmed to HarrisMartin Publishing.


Calif. Jury Awards $34 Million in Asbestos-Containing Brake Trial Against Ford Motor

A jury in California has awarded $34 million to a former auto mechanic who contended that exposure to asbestos-containing brakes caused him to develop mesothelioma.


Issue #226, August 2019

N.Y. Federal Judge Denies Clearwater Summary Judgment on Defense Costs Issue

A New York federal judge has refused to award partial summary judgment to Clearwater Insurance Co. in a reinsurance dispute, ruling that questions of fact exist as to whether it is obligated to reimburse Utica Mutual Insurance Co. for asbestos-related defense costs.


5th Circuit Dismisses Asbestos Appeal Again, Says Rule 54(b) Judgment Can’t Retroactively Change Dismissal Type

The 5th Circuit U.S. Court of Appeals has dismissed an asbestos appeal for the second time, again for lack of jurisdiction, ruling that a District Court order issued in an attempt to fix the jurisdiction deficiency had no effect.


Del. Court Says Asbestos Claims Against Union Carbide Barred under Bulk Supplier Defense

A Delaware trial court has awarded summary judgment to Union Carbide Corp. in an asbestos case, finding that the company reasonably relied on Georgia-Pacific to warn users of its joint compound products that incorporated Union Carbide’s Calidria asbestos.


Asbestos Claims Against Kodak Dismissed by Louisiana Federal Court on Jurisdiction Grounds

Asbestos claims asserted against Eastman Kodak Co. have been dismissed by a Louisiana federal court, after it was determined that it did not have jurisdiction over the company, which is incorporated in New Jersey and has a principal place of business in New York.


3rd Circuit Affirms Order Denying Honeywell, Ford Motor Access to Asbestos Bankruptcy Documents

The 3rd Circuit U.S. Court of Appeals has denied Honeywell International Inc. and Ford Motor Co.’s efforts to obtain thousands of exhibits produced in nearly 10 asbestos bankruptcies, saying that the public’s right of access to judicial records is not absolute.


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