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.
SEARCH THE ARCHIVES
A defendant name in an asbestos cosmetic talcum powder personal injury action has backed its efforts to dismiss certain claims as barred by Georgia’s statute of repose, contending that Georgia’s Asbestos Act “does not toll the statute of repose.”
La. Court Retains Jurisdiction over Asbestos Case, Says Defendant Established Federal Officer Removal Under Recent Precedent
A Louisiana federal court has retained jurisdiction over an asbestos personal injury lawsuit, finding that the removing defendant had successful established the requirements for federal officer removal under recent 5th Circuit precedent.
Issue #233, March 2020
The Montana Supreme Court has upheld an order denying efforts to dismiss Libby, Mont., asbestos-related claims against BNSF Railway Co. on preemption grounds, but reversed a portion of the order that found the company was not protected from strict liability claims under the Restatement (Second) of Torts.
Iowa House of Representatives Approves Legislation Requiring More Specificity in Asbestos, Silica Lawsuits
The Iowa House of Representatives has approved legislation requiring both asbestos and silica claimants to provide more detailed information in lawsuits, including all worksites and the frequency of exposure.
N.Y. Court Remands Asbestos Case, Says Cleaver-Brooks Put on Notice of Federal Defenses Nearly 2 Years Before Removal
A New York federal court has remanded an asbestos personal injury action, concluding that the removal of the claims by defendant Cleaver-Brooks was untimely since the company was put on notice that federal defenses were available nearly two years before the notice of removal was filed.
A California federal court has refused to remand an asbestos personal injury action, finding that the removing defendant had established that the government contractor defense could apply to the claims.
N.Y. Court Refuses to Vacate Recommendation Denying Efforts to Obtain Detailed Fact Witness Lists in Asbestos Case
A New York trial court has denied an asbestos plaintiff’s motion to vacate a recommendation that denied their request for a more detailed fact witness list from defendants, concluding that it was not necessary “at this juncture.”
N.Y. Jury Finds for Port Authority at Conclusion of Asbestos Trial Involving World Trade Center Exposure Claims
A New York jury has rejected claims from a former World Trade Center worker who claimed that he was exposed to asbestos during the 1970s at the site, finding in favor of the Port Authority of New York and New Jersey.
A New York court has denied efforts by Burnham LLC to toss failure-to-warn, loss of consortium, and punitive damage claims asserted by asbestos plaintiffs in at least five lawsuits pending in state court, according to court orders issued recently.
N.Y. Court Rejects Efforts by Defendant in Asbestos Talc Action to Dismiss Claims on Jurisdiction Grounds
A New York state court has denied efforts by Neslemur Company to dismiss the asbestos cosmetic talcum powder claims asserted against the company on jurisdiction grounds, finding that it could assert specific personal jurisdiction over the company.