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 #216, October 2018
Calif. Court Remands Asbestos Case, Says Removing Defendant Failed to Prove U.S. Navy Limited Ability to Warn
A California federal court has remanded an asbestos action, concluding that there was “no factual basis” to support the removing defendant’s stance that it was bound by U.S. Navy specifications and standards “even if such specifications and standards proved to be inadequate.”
Va. Court Adopts Recommendation Excluding Evidence Regarding Knowledge of U.S. Navy in Asbestos Case
A Virginia federal court has adopted a recommendation that the plaintiffs’ in limine motion regarding U.S. Navy knowledge should be granted, agreeing with the magistrate judge that John Crane could not argue that it had no idea that its products were dangerous and simultaneously argue that the U.S. Navy knew its products were dangerous and was responsible for warning about these dangers.
Ga. Court Awards Summary Judgment to Colgate-Palmolive in Asbestos Talc Case Involving Mesothelioma, Ovarian Cancer
A Georgia federal court has awarded summary judgment to Colgate-Palmolive in a cosmetic talcum powder case involving claims of both mesothelioma and ovarian cancer, concluding that “no study, test, or expert can opine as to the quantity of asbestos” contained in the product purchased by the decedent.
Pa. Court Again Denies Imerys Talc America’s Motion to Reconsider Order Overruling Jurisdiction-Related Objections
A Pennsylvania state court has again denied Imerys Talc America Inc.’s efforts to dismiss asbestos talcum powder claims asserted against the company, rejecting the defendant’s second motion to reconsider an earlier order overruling objections to jurisdiction.
Issue #215, September 2018
Since the start of the 2016 U.S. presidential election race, the term “fake news” has become a common phrase in the American lexicon. The allegation of “fake news” in the political context is usually directed at the publication of propaganda, or disinformation, on social media to drive web traffic and spread its message.
Tenn. Jury Awards $2.1 Million at Conclusion of Asbestos Trial; Allocates 13 Percent Liability to Remaining Defendant
A Tennessee jury has awarded nearly $2.1 million to plaintiffs asserting claims on behalf of a former maintenance mechanic, allocating 13 percent liability to the lone remaining defendant at the time of the verdict, Ameron International Corp.
A Los Angeles jury has entered its third day of deliberations in a cosmetic talcum powder asbestos case, weighing whether Johnson & Johnson is liable for a woman’s development of mesothelioma.
N.Y. Court Grants Motion in Part to Preclude Testimony from Expert on Cleavage Fragments of Asbestos Minerals
A New York trial court has granted a motion in part to preclude testimony of Colgate-Palmolive’s cell biologist in a cosmetic asbestos talcum powder lawsuit, finding that the expert could not testify as to the biological effects on humans of tremolite cleavage fragments or of fibrous anthophyllite cleavage fragments.
N.Y. Appellate Court Affirms Order Allowing Additur in Asbestos Case, Increases Damages by Nearly $3 Million
A New York appellate court has affirmed a trial court’s order granting a motion for additur in an asbestos case, agreeing that past and future pain and suffering damages in the case should be increased from $3.8 million to $6.5 million.
Defendants in Cosmetic Asbestos Talc Case File Notice of Appeal, Contest Decision Keeping Case in N.Y.
Defendants in an asbestos cosmetic talcum powder case have filed a notice of appeal, contesting a court order denying a transfer of the claims to England.