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 #229, November 2019
5th Circuit Affirms Dismissal of Claims Against Asbestos Defendant, Says Experts’ Findings Relied on ‘Assumptions’
The 5th Circuit U.S. Court of Appeals has affirmed the dismissal of claims against an asbestos defendant, finding that the District Court properly excluded testimony from two experts whose findings rested on the “assumption” that asbestos was present at the plaintiff’s worksite.
Ga. Court Declines to Impose Liability on Manufacturer for Third-Party Asbestos-Containing Replacement Parts
A Georgia appellate court has declined to impose a duty on FMC Corp. for third-party asbestos-containing replacement parts it did not supply or manufacture, concluding that while the defendant’s pumps were designed with the knowledge that replacement parts would be required, the pumps could operate with packing made from materials other than asbestos, or be modified to require no packing at all.
Defense counsel told Maryland lawmakers that more than half of the 30,000 cases pending on the Baltimore asbestos docket are non-viable, warranting implementation of a reform plan that would recalibrate the docket to focus on sick plaintiffs with viable cases.
A New York trial court has retained jurisdiction over a company named in an asbestos cosmetic talcum powder case for its role as a distributor of talc, concluding that specific jurisdiction was present in that the company shipped into New York talc on a “continuous basis.”
A Louisiana appellate court has reversed a judgment in favor of an asbestos defendant, concluding that lower court’s finding that the claims were prescribed was “clearly wrong.”
The 6th Circuit U.S. Court of Appeals has weighed in on a jurisdiction dispute in hundreds of MARDOC cases, agreeing in part with the asbestos national MDL Court’s determination that the defendants had not consented to jurisdiction in Ohio.
A New York trial court has denied two defendants summary judgment in an asbestos case, finding that the plaintiffs have sufficient raised issues of fact.
Issue #228, October 2019
A Louisiana appellate court has reversed an award of summary judgment to Liberty Mutual Insurance Company in an asbestos exposure suit, saying that a settlement agreement between the insurer and a now-bankrupt asbestos defendant was null and void as to third-party tort victims.
Johnson & Johnson: Baby Powder Recall ‘Doesn’t Move Needle on Whether Plaintiffs Have Scientific Evidence of Causation’
Johnson & Johnson has responded to a letter written by the Plaintiffs’ Steering Committee to the national multidistrict litigation docket for talcum powder claims regarding the defendant’s recent recall of a single lot of Baby Powder, “strongly objecting” the PSC’s suggestion that the recall merits the reopening of the Daubert hearing record.
Talcum Powder Plaintiff Steering Committee Seeks More Information on Baby Powder Recall, Wants to Supplement Daubert Brief
The Plaintiffs’ Steering Committee has sent a letter to the federal court overseeing the national multidistrict litigation docket for talcum powder claims, alerting the MDL judge to Johnson & Johnson’s recent recall of a single lot of baby powder as a result of positive asbestos testing.