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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Issue #236, June 2020
Defendants Oppose Efforts by Peter Angelos Firm to Stay Proceedings, Says Current Program ‘Succeeding in Clearing Non-Viable Cases’
Defendants involved in the Maryland asbestos litigation have opposed efforts from plaintiffs represented by the Law Offices of Peter G. Angelos to stay Status Conference Scheduling Orders on grounds that they will be able to dismiss at least 350 cases per month for a “significant number of months,” with one of the defendants arguing that it is “undeniable” that the majority of the cases are not viable.
Saying that it remains “steadfastly confident in the safety” of its Baby Powder, Johnson & Johnson Consumer Health has opted to permanently discontinue its talc-based Johnson’s Baby Powder, it announced today.
Issue #235, May 2020
A defendant named in an asbestos action has moved a Louisiana federal court to reconsider its order remanding the case, arguing that it was not properly served with the removal notice and, therefore, did not have a chance to oppose the remand efforts.
A Louisiana federal court has allowed for secondhand asbestos exposure claims to proceed against Honeywell, finding that the plaintiffs had established that danger from asbestos dust on its employees “was probable.”
A Kentucky federal court has ordered that parties conduct limited discovery on whether personal jurisdiction exists in an asbestos personal injury complaint, finding that more information was needed on the relationship between two companies named as third-party defendants.
An Illinois court has remanded an asbestos personal injury action, noting that the removing defendant has since been dismissed from the lawsuit.
La. Court Extends Expert Deadline in Asbestos Case, Will Look at Sanctioning Plaintiffs’ Counsel for ‘Lack of Candor’
A Louisiana federal court has extended expert deadlines in an asbestos case, concluding that while it takes issue with the plaintiffs’ counsel’s noncompliance and “lack of candor,” expert testimony is critical to the plaintiffs’ claims.
An Indiana federal court has remanded an asbestos-related insurance coverage declaratory action, finding that realignment of the parties was not warranted and, as such, the in-state defendants were proper parties to the action.
A boiler manufacturer has been denied summary judgment in an asbestos case, after the New York court found that the plaintiff had established facts and conditions from which the defendant’s liability may be reasonably inferred.
N.Y. Court Refuses to Dismiss Failure-to-Warn, Loss of Consortium, Punitive Damages Claims in Asbestos Case
A New York court has denied efforts from Burnham LLC to dismiss failure-to-warn and loss of consortium claims, finding that the plaintiff had provided sufficient evidence in support of their allegations that the defendant sold asbestos-containing boilers.