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 #234, April 2020
Amici Group Files Brief in Support of Asbestos Defendants Involved in 3rd-Party Replacement Parts Dispute
An amici group has filed a brief in support of asbestos defendants in Tennessee, expressing concern that a finding that equipment manufacturers can be held liable for the post-sale integration of other third-party asbestos-containing products will “threaten the viability of remaining solvent defendants ensnared in asbestos litigation.”
Montana’s highest court has found that a workers’ compensation insurer is not entitled to summary judgment in an asbestos personal injury action involving Libby, Mont. exposure, adopting an elemental formulation of Restatement (Second) of Torts § 324 “as an additional prerequisite for determining whether one who affirmatively undertakes to render aid or services to a third party owes a duty of reasonable care to others regarding foreseeable risks of harm directly created or resulting from the conduct of the third party.”
Del. Supreme Court Won’t Reverse Order Denying Efforts to Obtain Continuance of Trial Date in Asbestos Case
The Delaware Supreme Court has declined to reverse a lower court order denying efforts to continue a trial date in an asbestos case, finding that the Superior Court did not abuse its discretion when it sided with the defendants.
A Delaware magistrate judge has recommended that summary judgment be awarded to Air & Liquid Systems Corp. and Flowserve US Inc. in an asbestos personal injury lawsuit, concluding that while the plaintiffs had presented some product identification evidence, it failed to meet the frequency, regularity, or proximately standard.
N.Y. Appellate Court Denies Efforts to Overturn Ruling by Workers’ Compensation Board in Asbestos Case
A New York appellate court has refused to reverse a decision from a Workers’ Compensation Board that rejected efforts to apportion the claim to a former employer, concluding that the Board’s decision was supported by substantial evidence.
Wash. Court Reverses Defense Verdict of John Crane in Asbestos Case, Finds Fault with Jury Instruction on Proximate Cause
A Washington appellate court has reversed a defense verdict entered in favor of John Crane Inc. in an asbestos case, finding that a jury instruction on proximate cause did not allow the plaintiffs to adequately argue their theory of the case.
A Texas appellate court has refused to revisit an order it issued last year reversing an $8.8 million asbestos verdict, denying the plaintiffs’ efforts to have the court reconsider its decision, in which it found that the plaintiffs had failed to satisfy the elements of gross negligence.
An asbestos plaintiff has appealed a recent Washington federal court order awarding Alcoa summary judgment, preparing to contest the court’s finding that the Washington Industrial Insurance Act barred the claims.
A New York court has denied efforts by ABB Inc. to toss asbestos claims on forum and jurisdiction grounds, saying that the defendant’s delay in seeking relief was substantial enough to consider dismissal on that basis waived.
N.Y. Court Vacates Summary Judgment Award for Talc Defendant, Cited ‘Reasonable Excuse’ for Inadmissible Expert Reports
A New York trial court has vacated the award of summary judgment for Vanderbilt Minerals in an asbestos talc personal injury action, concluding that the plaintiffs had presented a “reasonable excuse” for why expert reports were not in admissible form, which had been the basis for the court’s prior ruling.