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 #226, August 2019
Court Awards Summary Judgment to Cost Less Auto Parts in Asbestos Case, Says Plaintiffs Haven’t Offered Admissible Evidence Establishing ‘Reasonable Connection’
Cost Less Auto Parts Inc. has been awarded summary judgment in an asbestos case after a Washington federal court found that the plaintiffs had failed to proffer admissible evidence establishing a reasonable connection between the decedent’s injury and the products manufactured by the defendant.
Wash. Court Refuses to Issue Protective Order, Asks Asbestos Plaintiffs to Amend Deposition Notice Instead
A Washington federal court has declined to grant a motion for protective order in an asbestos case, but ordered the plaintiffs to amend their notice of deposition after it found its original requests were overbroad and unduly burdensome.
Maritime law applies to claims in a wrongful death action because the evidence establishes that the decedent was exposed to dust on ships that were allegedly equipped with asbestos-containing products, a Washington federal judge has ruled.
A floor tile manufacturer has been denied summary judgment by a New York court, which found that the plaintiff’s testimony, combined with expert reports, have created facts and conditions from which the defendant’s liability may be reasonably inferred.
A New York trial court has denied J-M Manufacturing Company Inc.’s motion for summary judgment in an asbestos case, finding that the plaintiff’s deposition testimony was “cogent and specific” enough to support the underlying claims.
A punitive damages claim in an asbestos case has been reinstated by a New York trial court, which found that the defendant has been put on notice of the claim on the plaintiffs’ complaint and through notice by counsel for the plaintiffs prior to the trial setting.
N.Y. Court Awards Summary Judgment to WCD on Cosmetic Talc Claims, Allows Talc-Related Joint Compound Claims to Proceed
A New York state court has rejected efforts by Whittaker, Clark & Daniels to obtain summary judgment on claims relating to its alleged sale of talc to Kaiser Gypsum for incorporation into the latter’s joint compound product, finding that the conflicting testimonial evidence raised credibility issues not to be decided at the summary judgment stage.
A Kentucky jury has reached a defense verdict in favor of Johnson & Johnson and Colgate-Palmolive at the conclusion of an asbestos-containing talcum powder trial, rejecting the plaintiffs’ position that the decedent developed mesothelioma as a result of using Cashmere Bouquet and Shower-to-Shower.
A California federal court overseeing a Proposition 65 case brought against Johnson & Johnson and Johnson & Johnson Consumer Inc. for its allegedly asbestos-containing talcum powder products has issued a tentative order saying it is inclined to grant the plaintiffs’ motion to voluntarily dismiss over defense objections, finding “no plain legal prejudice” to the defendants.
Issue #225, July 2019
A Pennsylvania federal court has ordered Lockheed Martin to answer certain interrogatories in an asbestos case, finding in part that the company gave “incomplete” responses to discovery requests.