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 #233, March 2020
Kolmar Laboratories Inc. has filed a motion appealing a lower court order that denied its efforts to quash subpoenas of its former employees, contending that its prior production of responses to standard interrogatories are sufficient in the underlying asbestos cosmetic talcum powder personal injury action.
N.Y. Court Awards Summary Judgment to Vanderbilt Minerals in Asbestos Case, Cites Expert Report Deficiencies
A New York court has awarded summary judgment to Vanderbilt Minerals in an asbestos exposure case, concluding that expert reports submitted by the plaintiffs in opposition to the motion were not in admissible form.
A Florida jury has awarded $9 million at the conclusion of an asbestos cosmetic talcum powder trial against Johnson & Johnson, finding that there was asbestos in the defendant’s Baby Powder and that this asbestos was the cause of the plaintiff’s mesothelioma.
Issue #232, February 2020
A Louisiana federal court has stayed the execution of a $2.58 million judgment in an asbestos verdict, concluding that a bond secured by the defendant is sufficient to justify the stay while the case is on appeal.
Pa. Supreme Court: Allocation Requirement of Fair Share Act Doesn’t Apply to Strict Liability Asbestos Action
The Pennsylvania Supreme Court has ruled that the percentage allocation requirement outlined in the Fair Share Act does not apply to strict liability asbestos cases since an injury from asbestos exposure is “inherently a single, indivisible injury that is incapable of being apportioned in a rational manner because the individual contributions to the plaintiff’s total dose of asbestos are impossible to determine.”
Wash. Appellate Court Reverses Damages in $81.5 Million Asbestos Verdict, Upholds Finding of Liability
A Washington appellate court has reversed, in part, an $81.5 million asbestos verdict against NAPA and GPC, opining that the trial court erred when it excluded testimony of an expert set to speak on whether the decedent’s life expectancy was shortened due to his cirrhosis of the liver.
An Oregon jury has awarded more than $6.2 million at the conclusion of an asbestos trial against Kaiser Gypsum Company Inc., finding that the defendant’s conduct was reckless, sources told HarrisMartin Publishing.
Calif. Court Affirms Summary Judgment Award for Johnson & Johnson Consumer Inc. in Asbestos Talc Case
A California appellate court has affirmed an award of summary judgment to defendants in an asbestos cosmetic talcum powder lawsuit, finding that the plaintiffs had failed to demonstrate that it was more likely than not that the plaintiff was exposed to asbestos in the talcum powder products.
A Nebraska federal court has dismissed a chemical and asbestos exposure suit, finding that the decedent knew he had been exposed to hazardous materials at work at the time he was diagnosed with colon cancer.
The Louisiana Supreme Court has found that a prior release in an asbestos case bars a more recent action, finding that while it was “tragic” that the decedent developed mesothelioma decades after signing the settlement agreement, it is “not grounds to have it set aside.”