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 #238, August 2020
A California state court has denied Metalclad Insulation’s efforts to obtain a mistrial in an ongoing remote asbestos trial, concluding that it had not found a substantial likelihood that an interaction between the plaintiff and jurors outside the presence of the judge “influenced the vote of any juror or prejudiced defendant.”
As the Alameda County Superior Court presses on with its attempt to conduct the first remote asbestos personal injury trial during the COVID-19 pandemic, the number of problems irrevocably violating the parties’ due process rights continue to mount.
Metalclad Seeks Mistrial in Asbestos Case, Cites Inappropriate Interaction Between Plaintiff and Jurors
A defendant involved in an ongoing asbestos personal injury trial has renewed its efforts to obtain a mistrial in the fully remote trial, outlining the plaintiff’s interactions with jurors on Zoom while counsel and court officials were in a separate breakout room.
A Florida state court is set to oversee arguments relating to Johnson & Johnson’s motion to dismiss an asbestos-talcum powder lawsuit, in which the defendant maintains that the plaintiff has failed to set forth sufficient facts in the complaint.
A Florida state court is set to hold a hearing on a motion for entry of a modified scheduling order, where it will address a request by the defendants in an asbestos-talc personal injury action to continue the current trial date to November.
An amended complaint asserting asbestos-talcum powder claims against Johnson & Johnson defendants has been filed after a Florida state court ordered the plaintiffs to submit the suit with more specificity.
A Florida has rejected efforts to obtain a new trial on damages in an asbestos-talcum powder case that ended in a $9 million verdict against Johnson & Johnson defendants earlier this year.
A magistrate judge has recommended that summary judgment be awarded to several defendants involved in an asbestos personal injury lawsuit, concluding that the plaintiff, who did not oppose the motions, had failed to establish product identification as to the moving parties.
3rd Circuit Affirms Dismissal of Tobacco/Asbestos Claims, Finds Plaintiff Failed to Establish Requisite Causation
The 3rd Circuit U.S. Court of Appeals has affirmed dismissal of an tobacco personal injury lawsuit involving a history of asbestos exposure, finding that the plaintiff had failed to establish the requisite causation.
An asbestos exposure lawsuit has been remanded by an Arizona federal court, which found, in part, that the removing defendant had failed to establish that the acts at issue in the case occurred on a federal enclave subject to exclusive federal jurisdiction.