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.



Issue #3, February 2001

Asbestos-Only Judge Proposed in Libby, Montana

State Republican legislative leaders are supporting a senate bill (S.282) that would temporarily add a second district judge in state court in Libby, Mont

Texas Appeals Court: 'Scintilla' of Evidence Sufficient for Trial

A Texas appeals court has reversed a trial court's no-evidence summary judgment for the defendants in an asbestos exposure case, finding that a doctor's affidavit, which was questioned

N.J. Appeals Court Activates <i>Bond</i> Rule to Dismiss Widow's Compensation Claim

Hearing no sufficient evidence of workplace asbestos exposure, an appeals court in New Jersey has affirmed dismissal, under the Bond rule, of three workers' comp claims filed by the widow of a man who died

Trade Groups Challenge W.Va. Court's Interpretation of Occupational Disease Law

Several groups representing claimants with alleged occupational disease are petitioning the West Virginia Supreme Court, arguing that its recent decision placing absolute evidentiary burden

N.C. Appeals Court Upholds Award, Remands for Recalculation

Upholding an award by the North Carolina Industrial Commission to an employee suffering from job-related asbestosis, the state's Court of Appeals remanded the issue of calculation

Leaving Hazardous Job Not Condition Precedent to Workers' Compensation Award

An employee who retires prior to being diagnosed with asbestosis need not be

Special Workers' Compensation Scheme for Asbestosis Is Constitutional, N.C. Court Rules

The special provisions of the occupational disease amendment relating to asbestosis and silicosis enacted by the North Carolina legislature do not violate the equal protection clause in either the state

Kelley & Ferraro Plaintiffs Want Settlement Dispute Back In State Court

Parties to an asbestos settlement dispute that was removed to federal court after Armstrong World Industries filed for bankruptcy protection are now arguing over whether the case should be sent back to state

Maryland Appeals Court Orders New Trial, May Cap $2.2 Million Awarded Mesothelioma Victim

A Maryland appeals court has directed a second trial be held to pinpoint when the asbestos-related mesothelioma suffered by a former cigarette smoker developed, in order to determine whether

Plaintiff Moves to Set Aside $1.5 Million Verdict in Asbestos Case Against Retailer

Plaintiffs who won a landmark jury verdict against retailer Sears, Roebuck & Co. have petitioned a New York state court, asking a judge to set aside the $1.5 million award and order

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