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Asbestos

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 #5, April 2001

4th Circuit Finds Last Maritime Employer Rule Constitutional And Awards Benefits

The Fourth Circuit U.S. Court of Appeals has found that a rule under the Longshore and Harbor Workers' Compensation Act (LHWCA) apportioning full liability to a claimant's last maritime


EPA Granted Access to W.R. Grace Sites in Libby, Mont.

The U.S. Environmental Protection Agency (EPA) has been granted immediate and unrestricted access to three W.R. Grace & Co. sites in Libby, Mont., to complete its investigation


California Arguments to Proceed Over Market Share General Order for Friction Defendants

SAN FRANCISCO — Judges in California have agreed to hear arguments over whether the court should adopt a general order clarifying the plaintiffs' burden under market share theory of recovery against friction


Georgia Appeals Court Affirms A Finding of No Evidence

A Georgia appeals court has affirmed summary judgment in a suit originally filed against 16 asbestos manufacturers and suppliers because the plaintiff was unable to show that her brothers were exposed


Reasonableness of Timely Notice to Insurer Is Jury Question, Wisconsin Court Rules

Whether an insured's delay in giving timely notice of an asbestos-exposure claim to its insurance carrier is reasonable is a question for the jury, the Wisconsin Court of Appeals has ruled


Md. District Court Rules On Three Summary Judgment Motions in 'Comedy of Errors'

In an attempt to untangle a web caused by numerous procedural errors in what began as a "run-of-the-mill" asbestos case, the U.S. District Court in Maryland has granted and denied in part


Spinoff of Insurer's Subsidiary Ended Its Fixed-Cost Asbestos Policies, Delaware Court Decides

The spinoff of Highlands Insurance Group Inc. from the Halliburton Co. resulted in the termination of certain fixed-cost insurance policies issued by the former subsidiary, thus relieving Highlands


John Crane Sanctioned for Refusing to Settle Asbestos Claims

Asbestos defendant John Crane Inc. has been sanctioned by a Pennsylvania Common Pleas court for refusing to relax its national policy to never settle any of its asbestos cases


California Appeals Court: USX Not Liable for Exposure at Predecessor's Shipyard

A jury award of nearly $6.5 million may be in jeopardy after a California Court of Appeal ruled that the liable defendant did not inherit its predecessor's liability when it purchased


Court Upholds Defense Verdict, Proximate Cause Instruction

A trial court did not err when, in charging a jury to determine the proximate cause of several asbestos-related claims, it failed to shift the burden of proof to defendants, a New Jersey appeals court...


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