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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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Issue #235, May 2020

La. Court Won’t Award Summary Judgment to Defendant on Issue of Whether Johns-Manville is Joint Tortfeasor

A Louisiana federal court has declined to award summary judgment to a school board in an asbestos exposure case on grounds that the Johns-Manville Personal Injury Settlement Trust is a joint tortfeasor in the action, concluding that it was not appropriate to make such a determination at this stage of the litigation.


La. Court Retains Jurisdiction over Asbestos Case, Says Assertion of Federal Defense Not ‘Frivolous’

A Louisiana federal court has denied efforts from an asbestos plaintiff to remand his claims, finding that Avondale Shipyard’s assertion of a federal defense was not frivolous.


S.C. Judge Reverses Earlier Position on Consolidation of Asbestos Cases for Trial, Denies Plaintiffs’ Motion

The judge overseeing the asbestos docket in South Carolina has reversed her earlier inclination to consolidate the May and September blocks of cases into one trial, saying that while she believes consolidation may be appropriate, the facts of the cases need more development before such a ruling can be issued.


Zurich Asks South Carolina Supreme Court to Issue Order Requiring Asbestos Judge to Recuse Herself

An insurer involved in several asbestos cases has sought help from South Carolina’s highest court, arguing that the judge assigned to the state’s asbestos docket has irreparably harmed Zurich American Insurance Company by refusing to recuse herself from the proceedings.


N.Y. Court Affirms $6.6 Million Asbestos Verdict in Cosmetic Talc Case Against Whittaker

A New York appellate court has upheld a $6.6 million verdict against Whittaker, Clark & Daniels in a cosmetic talcum powder case, finding that the plaintiffs had submitted sufficient evidence to support the weight of the jury’s verdict.


N.Y. Court Declines to Dismiss Cosmetic Talcum Powder Case on Forum Grounds

A New York court has denied efforts to dismiss an asbestos cosmetic talcum powder case on forum grounds, concluding that the plaintiffs had demonstrated that there is a lack of alternative forum in which the plaintiffs to pursue their mesothelioma claims.


HarrisMartin: Talcum Powder MDL Court Releases Daubert Decision, Says Plaintiff Expert Testimony Admissible ‘Subject to Limitations’

The federal court overseeing the national talcum powder multidistrict litigation docket has released its much-anticipated Daubert ruling, concluding, in part, that the plaintiffs’ general causation expert testimony is admissible, even if the experts’ conclusions “in the context of some of these factors demonstrate a relatively minimal causal relationship between talc use and ovarian cancer.”


Issue #234, April 2020

Neb. Court Excludes Testimony of Experts in Asbestos, Chemical Case, Awards Summary Judgment

A Nebraska federal court has excluded the testimony of two plaintiff experts in a chemical and asbestos exposure lawsuit, finding that their opinions were based solely on exposure calculations for residents of a different state and for workers with similar job titles.


La. Court Refuses to Reconsider Order Remitting Damages in Asbestos Personal Injury Case

A Louisiana federal court has refused to reconsider its order remitting damages in an asbestos personal injury case, saying that it still believes the damages, as remitted, is the maximum sum a reasonable jury could have awarded “considering the specific facts of this case.”


La. Court Denies Efforts to Remand Asbestos Case, Says Defendant Established ‘Requirements of Federal Officer Removal’

A Louisiana federal court has rejected efforts by an asbestos plaintiff to remand his claims, finding that the removing defendant had established the requirements of the federal officer removal under recent 5th Circuit precedent.


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