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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 #2, January 2001

Workers' Comp Is Sole Remedy For Asbestos-Related Death, Louisiana Court Affirms

The Louisiana Court of Appeals has ruled the exclusive remedy for an occupational disease alleged to have been caused by asbestos is the state's workers' compensation scheme because asbestos is a pathogen


Defendants Seek High Court Review of Calif. Appeals Court Second Disease Ruling

Defendants in a recent California case where a seaman was allowed to proceed with a lawsuit filed some five years after he was first diagnosed with asbestos-related illness have filed a petition


Auto Maker Must Show Asbestosis Is 'Economic Threat' Before Receiving Benefits from Fund

Actual proof that asbestosis is an economic threat to the automobile industry is required for Chrysler Corp. to receive reimbursement from the Silicosis and Dust Disease Fund for workers' comp benefits paid


Asbestos Exec. Sues ATLA President Over Alleged Defamatory Statement

A former Raytech Corp. executive claims in a recent complaint that he suffered emotional distress when Baron & Budd partner and Association of Trial Lawyers of America President Fred Baron called him


Attorney-Client Privilege Protects Documents inOCF Reinsurance Dispute, Ohio Court Says

An insurance carrier seeking coverage from its reinsurer for asbestos losses paid to Owens Corning Fiberglas (OCF) may not compel the reinsurer to produce certain documents because they are protected


U.S. District Court for District of Massachusetts Chosen to Host Zonolite Attic Insulation MDL

Lawsuits filed against makers of Zonolite Attic Insulation will be consolidated before Judge Patti B. Saris of the U.S. District Court for the District of Massachusetts


U.S. Sup. Court Declines Review of MDL Plaintiffs' Remand Petition

The U.S. Supreme Court has refused to review a Third Circuit ruling that denied various asbestos-exposed plaintiffs' motion to remand from the MDL claims seeking damages for personal injury


'Pro-Plaintiff' Texas Judge Excuses Himself from Bench

A state court judge in Texas has recused himself from presiding over several dozen asbestos cases after defendants accused him of making it impossible for them to receive a fair trial in lawsuits filed


3rd Cir. Denies MDL Plaintiffs' Petition to Remand Punitives

The Third Circuit U.S. Court of Appeals has denied a petition by several plaintiffs in the Asbestos MDL who sought remand of punitive damage claims to the trial courts where the complaints


Excess Carrier's Liability $5Mil., Not $15Mil., Pa. Judge Rules

Finding an excess liability insurer's policy clear and unambiguous, a Common Pleas judge in Philadelphia has ruled that a company involved in asbestos litigation is limited to a recovery of $5 million


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