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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 #1, December 2000

Pittsburgh Corning Bankruptcy Estate Retains Interest in Settlement

A settlement for $15,000 represents bankruptcy estate property when the check it was written on was dishonored at the time of transfer, a bankruptcy court judge has ruled


Changes Ordered to B&W Proof of Claim Form and Instructions

A Louisiana district court judge ordered a second round of revisions to the Babcock & Wilcox Co.'s proof of claim form and instructions in order for the form to be approved and the bar date established


Louisiana Federal Judge Dismisses Babcock & Wilcox Fraud Suit

McDermott International Inc.'s motion to dismiss a securities fraud class action, arising from the Chapter 11 bankruptcy filing of its subsidiary Babcock & Wilcox Co., has been granted by a federal judge


GAF Ordered to Pay Settlement Negotiated by CCR

A Connecticut judge has ordered the GAF Corporation to pay two plaintiffs more than $50,000 under settlement agreements negotiated on its behalf by the Center for Claims Resolution


Lapse in Exposure Period Does Not Preclude Future Damages Claim, Louisiana Court Says

The family of a Louisiana man whose asbestos exposure ended years before the state passed a now-defunct law allowing for punitive damages can seek the award as part of wrongful death suit filed against


California Insulator Can't Sue Hirer of Indy Contractor for Negligent Hiring

An insulator who sued several defendants for asbestos-related injuries may not pursue a claim for negligent hiring against a hirer of the independent contractor he works for, a California Court of Appeal


Amended Complaints That 'Relate Back' Are Not Time-Barred Under Jones Act, 6th Circuit Rules

Several amended complaints that allege injuries suffered as a result of exposure to benzene are not barred by the Jones Act's three-year statute of limitations because the complaints "relate back"


Federal Judge Refuses to Reconsider Denial of Motion

Asbestos defendant Atlas Turner Inc. has failed to persuade a federal judge in New York to reconsider his denial of Atlas Turner's motion to set aside a $4.2 million verdict, finding that the defendant waived


'Frivolous' Appeal Properly Assessed Costs and Fees, Affirms Wisconsin Appeals Court

The estate of a man who died of mesothelioma was properly assessed costs and attorneys' fees under state law for filing a "frivolous" appeal from a trial court's decision to strike an estate affidavit


Kentucky Appeals Court Reverses Defense Verdict, Says Jury Instructions Were in Error

The Kentucky Court of Appeals has reversed a defense verdict for Owens Corning, finding that the jury received inadequate instructions when evaluating the personal injury claims of a man exposed


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