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 #225, July 2019
N.Y. Court Rejects Chanel, Inc.’s Efforts to Serve Subpoenas on Nonparty Witnesses Selling Defendant’s Talc Product Online
A New York trial court has denied Chanel, Inc.’s request to serve subpoenas on out-of-state nonparty witnesses the defendant claimed were sellers of its talcum powder products on the Internet, concluding that the company is in the process of testing the samples obtained by the plaintiff and, further, that it is aware of the formula used in its product and could “readily determine” whether the samples are unauthentic.
A Washington federal court has ordered Genuine Parts Co. to provide complete discovery responses in an asbestos case, finding that its prior answers were “insufficient.”
A Delaware magistrate judge has recommended that Air & Liquid Systems be awarded summary judgment in an asbestos case, opining that the plaintiff had failed to create a genuine issue of material fact as to whether the company’s products were a substantial factor in causing the alleged injuries.
A New York appellate court has denied an asbestos defendant’s efforts to appeal a lower court order denying it summary judgment, concluding that the company failed to establish prima facie entitlement to summary judgment.
Md. Court Affirms Verdict for Asbestos Plaintiff, Says Circumstantial Evidence Enough to Support Causation
Maryland’s highest court has affirmed a jury verdict in favor of the plaintiff in an asbestos bystander exposure case, concluding that circumstantial evidence, and the resulting reasonable inferences, can be sufficient to establish exposure and liability in asbestos cases.
A New York trial court has refused to vacate an earlier order dismissing Cyprus Amax Minerals Co. for lack of personal jurisdiction, finding that the plaintiffs had failed to demonstrate that the defendant had so much control over Cyprus Mines Co. such that it would make the defendant liable for talc-related torts of Cyprus Mines.
A New York appellate court has upheld a jury award of $5 million for past pain and suffering issued against Burnham LLC in an asbestos exposure case, ruling that it was appropriate in light of the decedent’s “unique characteristics and the extent of his suffering.”
Issue #224, June 2019
Calif. Appellate Court Orders Asbestos Retrial, Says ‘Minor’ Difference in Study Methodology Not Enough to Justify Directed Verdict Order
A California appellate court has reversed an order granting American Biltrite Inc. directed verdict at the close of plaintiffs’ evidence in an asbestos trial, finding that a “minor difference” in study methodology was not enough to justify a directed verdict in favor of the defendant.
Appellate Court: Asbestos Plaintiffs Failed to Show ‘Snow Drift’ Manufacturer Targeted Utah Consumers
A Utah appellate court has reversed an order conferring jurisdiction over the manufacturer of the product Snow Drift, which the plaintiffs asserted contained asbestos, saying that merely placing the product into the stream of commerce with the knowledge that it could be swept into the forum state does not subject the manufacturer to personal jurisdiction.
N.J. Court Retains Jurisdiction over Asbestos Case, Says Forum Defendants Not Properly Served Prior to Removal
A New Jersey federal court has retained jurisdiction over an asbestos cosmetic talc case, saying that since the plaintiff had no served the forum defendants prior to removal, the case could remain in federal court.