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Preview: LexisNexis® Mealey's™ Asbestos Legal News

LexisNexis® Mealey's™ Asbestos Legal News

Headline Asbestos Legal News from LexisNexis®


California High Court Finds Duty To Prevent Household Asbestos Exposures
SACRAMENTO, Calif. - California imposes a duty on employers and premises owners to prevent reasonably foreseeable asbestos exposures to household members, the state Supreme Court held Dec. 1 (Johnny Blaine Kesner v. Superior Court of California for the County of Alameda, No. S219534, Haver v. BNSF, No. S219919, Calif. Sup.).

Georgia Top Court: Manufacturer Had No Duty To Warn Of Take-Home Exposures
ATLANTA - A manufacturer of asbestos-containing pipe had no duty to warn about the potential danger of take-home exposures, Georgia's top court held Nov. 30, while finding that such a duty would be impractical in practice and would unreasonably shift responsibility to the product user (CertainTeed Corp. v. Fletcher, No. S151903, Ga. Sup.).

Arizona High Court Asked To Take Up Asbestos Take-Home Exposure Case
PHOENIX - Arizona law would impose liability for take-home asbestos exposures, and the question is sufficiently important and unresolved for Arizona Supreme Court review, a woman told the court on Oct. 20 (Mary Quiroz, et al. v. Alcoa Inc., et al., No. 16-0248, Ariz. Sup.; 2016 AZ S. Ct. Briefs LEXIS 221).

Pa. Top Court Affirms Experts' Cumulative Exposure Testimony In $1M Asbestos Case
HARRISBURG, Pa. - Expert testimony that every dose of asbestos contributes to the cumulative total simply states accepted scientific fact and is not the type of "every exposure" testimony rejected by precedent, a divided Pennsylvania Supreme Court held Nov. 22 in affirming a nearly $1 million verdict (Richard Rost and Joyce Rost v. Ford Motor Co., No. 56 EAP 2014, Pa. Sup.).

Wire Maker To Mo. Court: $4.1M Asbestos Award Built On Speculative Lay Testimony
ST. LOUIS - A jury's $4.1 million asbestos wire verdict rests on inadmissible lay testimony of exposure from people who conceded that they never worked with the decedent, a company told a Missouri appeals court on Oct. 7 (Jean Urbach v. The Okonite Co., No. ED104393, Mo. App.; 2016 MO App. Ct. Briefs LEXIS 853).

Widow Tells Missouri Court Crane Co. Ignores Evidence In $11.5M Verdict Challenge
ST. LOUIS - Crane Co.'s appeal of a $11.5 million verdict ignores its role in the asbestos exposures and expert testimony that the decedent would have encountered up to a million fibers working with gaskets and packing on the company's valves, a widow tells a Missouri appeals court in a Nov. 9 brief (Jeanette G. Poage, et al. v. 3M Co., et al., No. ED 103953, Mo. App., Eastern Dist.).

Calif. Court Upholds Evidence, Instructions On Way To Affirming Asbestos Verdict
LOS ANGELES - Asbestos plaintiffs themselves introduced irrelevant contract provisions about which they now complain, and any error arising from improper jury instructions regarding an employer's duty did not prejudice them, a California appeals court held Nov. 22 (Kenneth Evans, et al. v. American Optical Corp., et al., No. B265222, Calif. App., 2nd Dist.).

Judge Rejects Tobacco Risk Assumption, Contribution Defenses In Asbestos Case
BALTIMORE - Knowledge regarding the link between tobacco and lung cancer or the synergistic effects of tobacco and asbestos on the disease were not widely enough known to support defendants' assumption of risk and contributory negligence defenses, a Maryland judge held Nov. 7 (In re: Baltimore City Asbestos Litigation, Henry Boston, et al. v. ACandS Inc., et al., No. 24-X-16000054, Md. Cir., Baltimore City).

Court: Government Contractor Defense Applies To Commercially Available Products
SAN FRANCISCO - The government contractor defense applies in a case involving commercially available insulation where the record shows that the U.S. Navy carefully weighed its options and essentially mandated the use of asbestos, a California appeals court held Nov. 22 (Gary Kase, et al. v. Metalclad Insulation Corp., No. A143590, Calif. App., 1st Dist.; 2016 Cal. App. LEXIS 1025).

Phoenix, Builders, Battle In Arizona Over Review Of Asbestos Liability Ruling
PHOENIX - The City of Phoenix asked Arizona's top court to accept review and reverse a holding freeing the "real wrongdoers" from the obligation to indemnify the government in an asbestos suit. A phalanx of third-party builders and developers told the court in response that the statute of repose clearly barred liability for conduct occurring almost five decades ago and that there was nothing remarkable about the case that required intervention (City of Phoenix v. Glenayre Electronics Inc., et al., No. 1 CA-CV 14-0739, Ariz. App.; 2016 Ariz. App. LEXIS 88).

Pennsylvania High Court Dismisses Asbestos Appeal Over Dangerous Product Question
HARRISBURG, Pa. - The Pennsylvania Supreme Court on Nov. 22 dismissed as improvidently granted an appeal challenging whether a judge or jury properly decides if the lack of warnings on a product renders the product unreasonably dangerous (Thomas Amato and Jean Amato v. Bell & Gossett, et al., No. 5 EAP 2016, Charlotte Vinciguerra, et al. v. Bayer Cropscience Inc., et al., No. 4 EAP 2016, Pa. Sup.).

3rd Circuit: Judge's Standard Too Strict In Remanding Boeing Asbestos Case
PHILADELPHIA - Federal contractors must only present a colorable federal defense for removal and are not subject to a special standard requiring that they prove their case to prevail against a motion to remand, a Third Circuit U.S. Court of Appeals panel held Nov. 22 (Steven Papp, et al. v. Fore-Kast Sales Co. Inc., et al., No. 15-2851, 3rd Cir.; 2016 U.S. App. LEXIS 20924).

9th Circuit Again Declines To Stay Remand While It Considers Asbestos Challenge
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Nov. 28 once again declined to stay a case while it considers the propriety of a remand order; it is the third time a court denied the company's request for such relief (Velma Searcy v. 3M Co. and Hexcel Corp., No. 16-56034, 9th Cir.).

Judge Finds Affidavits Filed In Other Cases, Courts Support Removal
BENTON, Ill. - Affidavits filed in other cases and courts are sufficient for removal of an asbestos case, a federal judge in Illinois held Nov. 30 (Sylvia Perez, et al. v. Air And Liquid Systems Corp., et al., No. 16-842, S.D. Ill.; 2016 U.S. Dist. LEXIS 165279).

Judge Dismisses Case, Finds Personal Jurisdiction Lacking In Asbestos Action
NEW ORLEANS - A company's uncontested evidence that it had no contacts in Louisiana overcomes conclusory statements and suffices for a finding that a court lacks personal jurisdiction over it, a federal judge in Louisiana held Nov. 30 (Breck Williams, et al. v. Rust Engineering & Construction Co., et al., No. 16-13136, E.D. La.; 2016 U.S. Dist. LEXIS 165012).

West Virginia High Court Upholds Death Benefits Denial In Face Of Other Causes
CHARLESTON, W.Va. - A man's history of tobacco use and myriad medical conditions adequately supports a decision that his death arose from them and not occupational asbestos injury even though a court previously granted him benefits, the West Virginia Supreme Court of Appeals held Nov. 29 (Pearl Vincent, widow of Fonzo Vincent v. West Virginia Office of Insurance Commissioner and Upshur Coals Corp., No. 16-0083, W.Va. Sup. App.; 2016 W. Va. LEXIS 965).

Asbestos Attorney Fights Expert Testimony-Based Sanctions Ruling
SAN FRANCISCO - A judge conducted only a perfunctory and conclusory investigation before finding that counsel violated court orders in an effort to elicit expert testimony regarding chemotherapy's impact on kidney disease, yet the jury already knew about the connection and no ruling excluded the testimony, a sanctioned attorney told the Ninth Circuit U.S. Court of Appeals Nov. 23 (Barry Kelly and Molly Kelly v. CBS Corp., et al., No. 15-16457, 9th Cir.).

Expert Index

Iowa Jury Hands Maker Of Brake-Grinding Machine Verdict In Asbestos Case
CEDAR RAPIDS, Iowa - An Iowa jury on Nov. 15 cleared a company of liability for a man's alleged exposure to asbestos dust created when he used its machine to grind asbestos-containing brakes (Paul and Yvette McCulley v. American Honda Motor Co., et al., No. 06571LACV079746, Iowa Cir., 6th Dist., Linn Co.).

California Jury Hearing Asbestos Case Returns Defense Verdict For John Crane
SAN FRANCISCO - A California jury hearing an asbestos case alleging exposure as a boiler contractor aboard a U.S. Navy ship returned a defense verdict for John Crane Inc. on Oct. 13 (James Angus and Juana Angus v. John Crane Inc., No. CGC-15-276282, Calif. Super., San Francisco Co.).

Crane Co.: Exposure Lacking; Missouri Doesn't Impose Duty For Third-Party Parts
ST. LOUIS - Valve maker Crane Co. attacked an $11.5 million asbestos verdict on Sept. 6, challenging the sufficiency of exposure evidence and telling a Missouri appeals court that under state law, a company has no liability for third-party asbestos-containing parts (Jeanette G. Poage, et al. v. 3M Co., et al., No. ED 103953, Mo. App., Eastern Dist.).

New York High Court Allows Police Officer To Pursue Asbestos Case Against Buffalo
ALBANY, N.Y. - A state system designed to compensate injured police officers does not constitute a workers' compensation system and allows for a tort action alleging exposure to asbestos while in the employ of the city of Buffalo, a divided New York Court of Appeals held Nov. 21 (In the Matter of James R. Diegelman, et al. v. City of Buffalo, et al., No. 168, N.Y. App.).

Successor Companies Urge Wisconsin Top Court To Reject Liability Ruling
WAUSAU, Wis. - Facing unclear precedent, a judge misapplied a law governing an entirely different set of circumstances in finding a successor company liable for its predecessor's asbestos-related actions, two companies told the Wisconsin Supreme Court on Nov. 10 (Penny L. Springer v. Nohl Electric Products Corp., et al., No. 2015AP000829, Wis. Sup.).

Ohio Court Finds Tobacco Use A Fact Question, Rejects Need For Medical Report
COLUMBUS, Ohio - Whether an asbestos plaintiff claiming lung cancer uses tobacco is a factual determination for a court and does not require a report from a competent medical authority, an Ohio appellate court held Nov. 17 (Bobby Turner, et al. v. CertainTeed Corp., et al., No. 103475, Ohio App., 8th Dist.; 2016 Ohio App. LEXIS 4647).

Court: Premises Ruling Didn't Nix Duty Question For Negligence Claim
LOS ANGELES - Adjudication of a premises liability asbestos claim arising from work in Iran did not resolve the question of duty under a negligence cause of action, a California appeals court held Nov. 17 (Nader Kordestani, et al. v. ExxonMobil Oil Corp., et al., No. B257193, Calif. App., 2nd Dist.).

Oil And Mining Provider Cape Warns That January Trial Could Threaten Trust
WEST DRAYTON, England - Oil and mining industrial services company Cape PLC announced Nov. 18 that a changing legal landscape means potential damages from an upcoming January trial over liabilities for a former asbestos factory could exceed expectations, potentially endangering a payment scheme designed to compensate injured workers and their family members.

Court Rejects Appeal From Adult Children Shut Out From Wrongful Death Proceeds
HARRISBURG, Pa. - The Pennsylvania Supreme Court on Nov. 2 declined to hear an asbestos case involving whether adult children of a man who succumbed to mesothelioma demonstrated sufficient pecuniary damages to qualify as recipients of wrongful death proceeds (Betty Welles Campbell, et al. v. A.O. Smith Corp., et al., No. 304 WAL 2016, Pa. Sup.; 2016 Pa. LEXIS 2513).

Man Challenges Asbestos Expert Ruling, Investigation Into Juror In Appeal
CHICAGO - An asbestos defendant's conduct during a trial threatens to open "floodgates" to parties investigating jurors, a man told the Seventh Circuit U.S. Court of Appeals on Nov. 14. Plaintiff Charles Krik also told the court that had a subsequent judge not misapplied a previous ruling, an expert's testimony that cumulative exposures contributed to his development of lung cancer would have tipped the case in his favor (Charles Krik v. ExxonMobil Oil Corp., et al., No. 15-3112, 7th Cir.).

New York Justice Denies Discovery Attempts In Asbestos-Talc Case
NEW YORK - A couple's evidence requests in an asbestos-talc case seek duplicate production or evidence more appropriately produced in discovery, a New York justice held in an opinion posted Nov. 4 (Keri LoGiudice and Joseph LoGiudice v. American Talc Co., et al., No. 190253/2014, N.Y. Sup., New York Co.).

Judge Stays Asbestos Case, Won't Allow Discovery While Awaiting Appellate Ruling
CHICAGO - A federal judge in Wisconsin on Nov. 7 stayed an asbestos case pending the outcome of appeals involving dismissal of nuisance claims in similar cases and said there was no reason to allow discovery during the stay (Pamela Kilty, et al. v. Weyerhaeuser Co., et al., No. 16-515, W.D. Wis.; 2016 U.S. Dist. LEXIS 153971).

Rhode Island Justice Says Affidavits Admissible, Keep Sears In Asbestos Suit
PROVIDENCE, R.I. - A mesothelioma sufferer likely knew his ultimate fate when he testified in an affidavit that he suffered exposure to asbestos in tiles and mastic, making the affidavits admissible and overcoming summary judgment, a Rhode Island justice held Nov. 2 (In re: Asbestos Litigation, Charles Pisano, et al. v. Alfa Laval Inc., et al., No. PC-13-5868, R.I. Super., Providence Plantation; 2016 R.I. Super. LEXIS 126).

Louisiana Federal Judge Says Federal Jurisdiction Exists In Asbestos Coverage Suit
NEW ORLEANS - A Louisiana federal judge on Nov. 17 denied a plaintiff's motion to remand an asbestos coverage dispute to Louisiana state court after determining that the plaintiff failed to prove that he was not exposed to asbestos while working in one of the insured's facilities on the Outer Continental Shelf (OCS) (Jesse Frank Sheppard v. Liberty Mutual Insurance Co. et al., No. 16-2401, E.D. La.; 2016 U.S. Dist. LEXIS 159338; 2016 U.S. Dist. LEXIS 159336).

Federal Judge Rejects Company's Request For Appeal Of Jurisdiction Ruling
ST. LOUIS - An interlocutory appeal of an order finding that a company's registration in the state created personal jurisdiction would only delay resolution of the litigation, a federal judge in Missouri held Nov. 7 (Berg Hovsepian v. The Adel Wiggins Group, et al., No. 16-414, E.D. Mo.; 2016 U.S. Dist. LEXIS 153999).

Federal Judge: Ship, Work Location Not Enough To Trigger Removal Clock
CLEVELAND - Disclosure of work in the U.S. Navy and the portion of a ship on which the work occurred is not sufficient to trigger the time period for federal officer removal, a federal judge in Ohio held Nov. 10 (Donald R. French, et al. v. A.W. Chesterton Co., et al., No. 16-177, N.D. Ohio; 2016 U.S. Dist. LEXIS 156198).

Magistrate Judge Allows Construction-Era Discovery; Bid To Defeat Removal Fails
NEW ORLEANS - A man suffering from asbestos-related cancer may inquire into whether asbestos was used in a facility's construction years before his work there but may not amend his complaint to drop claims implicating the Outer Continental Shelf Act (OCSLA), a Louisiana federal judge and magistrate judge held in separate opinions filed Oct. 26 and Oct. 28 (Jesse Frank Sheppard v. Liberty Mutual Insurance Co., et al., No. 16-2401, E.D. La.).

Judge Allows Joinder Of Hawaii Asbestos Law Firm In Fraud Case, Remands Action
HONOLULU - Plaintiffs claiming that lawyers fraudulently conspired to hide information regarding the use of asbestos in a successful effort to drive down settlement amounts may join a diversity-defeating local law firm more than a decade after originally filing suit, a federal judge in Hawaii said Oct. 31 in remanding the case (Lorenzo Baclaan and Naomi Baclaan v. Combustion Engineering, et al., No. 03-325, George H. Toro and Vivian Toro, et al. v. Combustion Engineering, et al., No. 03-326, Theodore K. Hopkins and Ruby Hopkins v. Combustion Engineering, et al., No. 03-401, D. Hawaii).

Insurers Claim Asbestos Lawyers Facilitate Double Dipping, Seek Injunction
GALVESTON, Texas - Insurers on Nov. 4 asked a federal judge in Texas to enjoin five law firms from distributing the proceeds from asbestos actions, saying the firms collected millions from tortfeasers while helping thousands of clients sidestep health insurance contract reimbursement provisions (Humana Inc., et al. v. Brent W. Coon P.C., a/k/a Brent Coon & Associates, et al., No. 16-240, S.D. Texas).

Judge Finds Maritime Law Applies In Case Alleging Asian, Australian Exposures
BENTON, Ill. - Maritime law applies where asbestos exposure allegedly occurred while a U.S. Navy vessel sailed to Asia, South America and Australia, a federal judge in Illinois held Nov. 8 (Robert Hall and Mary Hall v. Air & Liquid Systems Corp., et al., No. 15-1344, S.D. Ill.; 2016 U.S. Dist. LEXIS 154870).

Expert Index

New York Jury Awards Asbestos-Exposed Mechanic $12.5 Million For Lung Cancer
NEW YORK - A New York jury on Oct. 28 awarded a former cigarette smoker and mechanic allegedly exposed to asbestos in forklift parts $12.5 million for his lung cancer, sources told Mealey Publications (George Cooney v. Amchem Products Inc., et al., No. 190028-2014E, N.Y. Sup., New York Co.).

California Jury Hits Talc Supplier With $18M Asbestos Verdict
LOS ANGELES - A talc company on Oct. 26 avoided punitive damages by settling an asbestos case after a California jury hit it with a reported record $18,070,000 in damages for a political figure's mesothelioma (Philip John Depoian, et al. v American International Industries Inc., et al., No. BC607192, Calif. Super., Los Angeles Co.).

California Jury Awards $7,042,333 To Man For Mesothelioma
LOS ANGELES - A California jury on Oct. 24 awarded a man who emigrated from Italy $7,042,333 for mesothelioma arising from asbestos exposure in construction industry products and found a joint compound manufacturer 25 percent liable, sources told Mealey's Publications (Peter LaMonica, et al. v. Colgate-Palmolive Co., et al., No. BC604809, Calif. Super., Los Angeles Co.).

Los Angeles Jury Finds For Talc Company In Cosmetologist's Meso Trial
LOS ANGELES - A California jury on Oct. 21 rejected claims that a former hairdresser and cosmetologist contracted mesothelioma as a result of occupational exposure to talc products (Linda E. Colpitts and Michael Colpitts v. American International Industries, et al., No. BC600850, Calif. Super., Los Angeles Co.).

Illinois Court Affirms Instructions, But Orders New Trial On Damages
SPRINGFIELD, Ill. - A jury's pecuniary damages award in an asbestos case includes compensation for parties for whom there is no evidence of pecuniary loss, an Illinois appeals court held Oct. 18 in ordering a new trial on the issue while otherwise affirming the verdict (Estate of Paul McGowan v. Central Illinois Railroad Co., No. 08L177, Ill. App., 4th Dist. 2016 Ill. App. Unpub. LEXIS 2217).

Florida Judge Rejects Challenges, Confirms Jury's $21M Mesothelioma Verdict
MIAMI - A Florida judge on Oct. 20 refused to grant directed verdict or a new trial to a contractor hit with a more than $21 million asbestos verdict for exposures at a power plant (Richard Batchelor and Regina M. Batchelor v. American Optical Corp., et al., No. 16-000012 CA 42, Fla. Cir., Miami-Dade Co.).

Florida Judge Upholds $9M Verdict In Bystander Asbestos Case
MIAMI - A Florida judge on Oct. 19 cast aside contentions that the evidence does not support a jury's $9 million verdict in a bystander asbestos case (Rosa-Maria Britt, et al. v. Northrop Grumman Systems Corp., No. 2012-30637-CA-01, Fla. Cir., Miami-Dade Co.).

Asbestos Plaintiffs Ask Court To Reinstate Take-Home, Community Exposure Cases
MADISON, Wis. - A judge improperly precluded expert testimony regarding community-based asbestos exposures and ignored the proper negligence standard and reach of workers' compensation law in dismissing the claims, a group of plaintiffs told the Seventh Circuit U.S. Court of Appeal Oct. 19 (Janet Pecher, et al. v. Owens-Illinois Inc., No. 16-1799, Dianne Jacobs, et al. v. Rapid American and Weyerhaeuser Co. and Owens-Illinois Inc., No. 16-2376, Katrina Masephol v. Weyerhaeuser Co., et al., No. 16-2377, Robert Sydow, et al. v. Owens-Illinois Inc., No. 16-2378, Kathy Boyer v. Owens-Illinois Inc., No. 16-2379, Janice Seehafer v. Weyerhaeuser Co., et al., No. 16-2380., 7th Cir.).

Wisconsin Top Court To Review Successor Liability Exemption In Asbestos Case
WAUSAU, Wis. - The Wisconsin Supreme Court on Oct. 11 said it will consider whether the fraudulent transfer exception to the state's general rule against successor liability puts a company on the hook for a predecessor's asbestos-containing products, according to the court's docket (Penny L. Springer v. Nohl Electric Products Corp., et al., No. 2015AP829, Wis. Sup.; 2016 Wisc. LEXIS 336).

Delaware Judge Again Rejects Claim AT&T Controlled Subsidiary's Asbestos Rules
WILMINGTON, Del. - In the lone instance where a motion for rehearing isn't reasserting previously rejected arguments regarding a company's liability for a subsidiary's asbestos safety procedures, it impermissibly raises arguments not previously raised at all, a Delaware judge held Oct. 25 (In re: Asbestos Litigation, Danielle Tetteh, et al. v. Alcatel-Lucent USA Inc., No. N14C-08-023 ASB, Del. Super., New Castle Co.; 2016 Del. Super. LEXIS 536).

Asbestos-Specific Causation Testimony Not 'Every Exposure' Opinion, Plaintiffs Argue
NEW ORLEANS - A federal judge in Louisiana improperly rejected specific causation testimony based on experts' understanding of how the exposure levels in question contribute to disease as the opinion that "every exposure" to asbestos leads to disease, plaintiffs argue in a Nov. 1 motion for reconsideration (William C. Bell, et al. v. Foster Wheeler Energy Corp., et al., No. 15-6394, E.D. La.).

3rd Circuit Reinstates Widow's Asbestos Case Involving Switchgears
PHILADELPHIA - Evidence of a lung cancer victim's work in the proximity of switchgears combined with evidence that the products deteriorated from regular use and released asbestos-containing dust as a result keeps a case alive, a Third Circuit U.S. Court of Appeals panel held Oct. 26 (In re: Asbestos Products Liability Litigation, Carol Zellner v. CBS Corp., No. 14-3270, 3rd Cir.; 2016 U.S. App. LEXIS 19334).

Judge Finds Failure To Produce Witness Warrants Sanctions, Not Dismissal
LOS ANGELES - An asbestos defendant's delay in producing a corporate witness despite court orders to do so warrants imposing sanctions and awarding attorney fees, but not dismissal of the case, a federal judge in California held Oct. 24 (Victoria Lund, et al. v. Crane Co., et al., No. 13-2776, C.D. Calif.; 2016 U.S. Dist. LEXIS 147072).

Federal Judge Clears Asbestos Defendant Of Claims It Destroyed Evidence
LOS ANGELES - Reasonable explanations exist for every apparent contradiction regarding an asbestos defendant's production of evidence and why that production falls short of what a plaintiff could find through discovery, a federal judge in California held Oct. 24 (Victoria Lund, et al. v. Crane Co., et al., No. 13-2776, C.D. Calif.; 2016 U.S. Dist. LEXIS 147070).

Supreme Court Rejects Transit System Asbestos Preemption Standard Case
TRENTON, N.J. - The U.S. Supreme Court on Oct. 3 refused to wade into a dispute over what a plaintiff contends was a New Jersey court's "unprecedented and unjustified" expansion of federal preemption law to a state-regulated transit system (Estate of Sandra Brust and Philip Brust, et al. v. Delaware River Port Authority, et al., No. 15-1529, U.S. Sup.).

Court Extends Government Contractor Removal Statute To Asbestos Warning Cases
RICHMOND, Va. - The same logic underpinning other aspects of the government contractor removal statute apply to failure-to-warn cases, a Fourth Circuit U.S. Court of Appeals panel held Nov. 1 in reversing a "decades-old practice" in a lower court (Deborah H. Ripley, as administrator of the estate of Bernard W. Ripley v. Foster Wheeler LLC, Foster Wheeler Energy Corp., and J Henry Holland Corp., et al., No 15-1918, 4th Cir.; 2016 U.S. App. LEXIS 19631).

Supreme Court Rejects Case Challenging 5th Circuit Ruling Vacating Remand
WASHINGTON, D.C. - The nation's top court will not review a Fifth Circuit U.S. Court of Appeals ruling a widow claims erroneously vacated remand of her asbestos case after confusing the standards for exposure at a shipyard with a manufacturer's products liability standard, the court said Oct. 17 (Lorita M. Savoie, et al. v. Huntington Ingalls Inc., et al., No. 16-226, U.S. Sup.).

Judge: Removal Proper Based On Properly Served Defendants At The Time
NEW ORLEANS - The approval of a defendant who had not yet been properly served was not necessary to remove an asbestos case, a federal judge in Louisiana held Oct. 24 (Nolan Legeaux, et al. v. Borg-Warner Corp., et al., No. 16-13773, E.D. La.; 2016 U.S. Dist. LEXIS 146719).

Federal Judge Won't Rescind Remand Order, Grant Crane Co. Judgment
NEWARK, N.J. - A federal judge in New Jersey on Oct. 26 denied Crane Co.'s motion asking her to rescind a 16-month-old remand order and grant it summary judgment, saying the Third Circuit U.S. Court of Appeals' order requiring reconsideration of a summary judgment order involving other defendants did not require such an outcome (Linda Hammell, et al. v. Air & Liquid Systems Corp., et al., No. 14-13, D. N.J.; 2016 U.S. Dist. LEXIS 148139).

Judge Remands Case, Finds No Evidence Of Bad Faith Joinder
ST. LOUIS - There is no evidence that a family member of a man allegedly killed by asbestos named, and kept, a defendant in related litigation in a bad faith effort to defeat jurisdiction, a federal judge in Missouri held Oct. 27 in finding that the one-year limit of removals required remand (Nola H. Bristol v. Ford Motor Co, et al., No. 16-1649, E.D. Mo.; 2016 U.S. Dist. LEXIS 148867).

After Show-Cause Brief, More Argument Ordered On Ex Parte Remand Application
OAKLAND, Calif. - A federal magistrate judge in California on Nov. 3 ordered further briefing on plaintiffs' ex parte application for remand after the removing defendant's response to an order to show cause why the case did not belong in state court (John Ballard, et al. v. Ameron International Corp., et al., No. 16-6074, N.D. Calif.; 2016 U.S. Dist. LEXIS 147810).

Judge Won't Reconsider Third-Party Parts Liability Ruling
ALBANY, N.Y. - Out-of-state rulings on a manufacturers' liability for third-party parts do not require reconsideration of a ruling and a recent ruling by New York's top court moots any concern of prejudice, a federal judge held Oct. 27 (Pearl Osterhout, et al. v. Crane Co.; FMC Corp., et al., No. 14-208, N.D. N.Y.; 2016 U.S. Dist. LEXIS 148819).

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