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LexisNexis® Mealey's™ Asbestos Legal News

Headline Asbestos Legal News from LexisNexis®


Jury Hears Opening Statements In Florida Asbestos-Talc Case Against Vanderbilt
BARTOW, Fla. - A minerals company failed to put safety first when it continued selling its industrial talc product even after learning it could not remove all the asbestos from it, two plaintiffs told a Florida jury, but in response, the company told the jury on Feb. 28 that studies prove that there was no risk of disease from its product (Robert Lord v. Vanderbilt Minerals LLC, No. 2017-CA-000783, Fla. Cir., 10th Jud. Dist.).

Top Court Told $10M Asbestos Punitive Damages Award Violates Due Process
WASHINGTON, D.C. - The Supreme Court must accept review to end confusion among the courts on the proper standard for punitive damages awards, Crane Co. argues in a March 6 reply brief seeking to overturn a $10 million asbestos award (Crane Co. v. Jeanette G. Poage, No. 17-900, U.S. Sup.).

Justice Permits Jurisdictional Inquiry Into Talc Miner's Status In Asbestos Case
NEW YORK - A French company must respond to an inquiry regarding its potential status as a successor to a company that allegedly mined asbestos-tainted talc and would be subject to jurisdiction in New York, a justice in the state said in partially limiting the disclosures the company must make in an opinion posted Feb. 27 (Joan Arazosa, et al. v. 3M Co., et al., No. 190069/2016, N.Y. Sup., New York Co.).

Maritime Asbestos Res Judicata Challenge Sent To 3rd Circuit Merits Panel
PHILADELPHIA - The Third Circuit U.S. Court of Appeals will consider a defendant's claim that a state court ruling precludes one plaintiff's federal court appeal before advancing to merits briefing on whether a judge properly dismissed a trio of maritime asbestos actions for lack of personal jurisdiction under a March 9 order (In re: Asbestos Products Liability Litigation [VI], No. 17-3471, 3rd Cir.).

6th Circuit Consolidates 9 Asbestos Cases Challenging Jurisdiction Ruling
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on March 6 consolidated nine cases involving hundreds of plaintiffs challenging the federal asbestos multidistrict litigation judge's finding that he lacked jurisdiction over the actions and that the defendant ship owners had not waived the defense (James Matthews, et al. v. Chas Kurz & Co. Inc., et al., Nos. 16-4146, 16-4269, 16-4354, 16-4757, 17-3238, 17-3480, 17-3915, 17-3918, 18-3077, 6th Cir.).

Case Settles After Trio Of Expert Asbestos Causation Opinions Admitted
MILWAUKEE - Sources told Mealey Publications that the last remaining defendant in a Wisconsin state asbestos case settled March 6 on the eve of trial, just days after the judge admitted expert causation testimony, concluding that the opinion that there is a de minimus level below which causation is impossible rendered the opinion that cumulative exposures lead to disease admissible under Daubert v. Merrill Dow Pharmaceuticals, Inc. (Sandra Brezonick, et al. v. A.W. Chesterton Co., et al., No. 23-CV-013189, Wis. Cir., Milwaukee Co.).

Judge Rejects Opinions On Cumulative Exposure In Asbestos Dryer Felt Case
SEATTLE - Two expert witnesses in an asbestos case tread too closely to the opinion that every exposure to asbestos is causative and must be excluded, a federal judge in Washington held Feb. 12 while allowing specific causation testimony from two others, as well as evidence regarding tests conducted on the dryer felts at issue (Geraldine Barabin v. Scapa Dryer Fabrics Inc., No. 07-1454, W.D. Wash.).

Ohio High Court Won't Review Asbestos-Tobacco Expert Causation Testimony Case
CLEVELAND - The Ohio Supreme Court on Feb. 28 turned away a railroad's challenge involving whether an expert's testimony regarding the synergistic effects of asbestos and tobacco met the standards for causation in asbestos cases (Kevin E. Howell v. Consolidated Rail Corp., et al., No. 2017-1207, Ohio Sup.).

Employer: Expert, Damage Rulings Warrant Review After $18.6M Asbestos Verdict
AUSTIN, Texas - An appeals court imposed the wrong standard in reviewing the punitive damage portion of an $18.6 million asbestos verdict and created a "trap" in finding that the defendant waived the issue of whether radiation could have caused the mesothelioma, an employer told the Texas Supreme Court on Feb. 28 (The Goodyear Tire & Rubber Co. v. Vicki Lynn Rogers, et al., No. 18-0056, Texas Sup.).

Man Tells Virginia Court Employer Is Liable For Household Asbestos Exposures
RICHMOND, Va. - Household members fall within the area of danger created by an employer's use of asbestos, and their injuries were foreseeable, a man tells the Virginia Supreme Court in a March 9 brief urging it to impose a duty for such exposures (Wesley Quisenberry, et al. v. Huntington Ingalls Inc., No. 171494, Va. Sup.).

Court Finds Evidence Of Take-Home Asbestos Exposure Insufficient
OAKLAND, Calif. - Evidence that a man worked as a lead electrician at a shipbuilding facility is not enough to conclude that he suffered occupational asbestos exposure that he then brought home, exposing his 5-year-old son, a California court held March 8 (Sandra Foglia, et al. v. Moore Dry Dock Co., No. A142125, Calif. App., 1st Dist.).

Industrial Talc Supplier Says Exposure Evidence Warrants Judgment In Asbestos Case
WILMINGTON, Del. - A couple misconstrues the level of asbestos exposure a man would have experienced and attempts to mitigate the existence of additional suppliers, a talc company told a Delaware court in a Feb. 26 bid for summary judgment (John Mikulcik Jr., et al. v. BP Amoco Chemical Co., et al., No. 16C-07-082 ASB, Del. Super., New Castle Co.).

Parties File Dueling Summary Judgment Motions In Asbestos Railcar Case
KANSAS CITY, Kan. - Two parties remaining in a case involving asbestos insulation applied to railcars on Feb. 26 moved for summary judgment on a host of issues, including preemption, potential alternative causes for the decedent's mesothelioma and the decedent's own contribution to his injury (Nancy Little, et al. v. The Budd Co., No. 16-4170, D. Kan.).

Judge: No Misapplication Of Restatement In Raw Asbestos Fiber Supplier's Judgment
WILMINGTON, Del. - Out-of-state precedent is not enough to revisit a ruling that asbestos fibers constituted an unadulterated raw material not subject to warnings under the Restatement of Torts as adopted by the state of Rhode Island, a Delaware judge held Feb. 26 (Raymond K. Leathers v. Air Products and Chemical Inc., No. N15C-11-224 ASB, Del. Super., New Castle Co., 2018 Del. Super. LEXIS 92).

Justice: Evidence Falls Short Of Freeing Company From Asbestos-Tile Suit
NEW YORK - A company's evidence that some of its floor tiling did not contain asbestos falls short of demonstrating that none of its product would have contained asbestos during the times in question, a New York justice held in an opinion posted March 2 (Angela M. Treacy, et al. v. Amchem Products Inc., et al., No. 190352/2015, N.Y. Sup., New York Co., 2018 N.Y. Misc. LEXIS 683).

Georgia Court Finds Diagnosis In State Insufficient For Workers' Comp Claim
ATLANTA - A man who experienced nearly two decades of asbestos exposure in Alabama does not have access to the Georgia workers' compensation system simply because he was diagnosed with mesothelioma in the state, a Georgia appeals court held Feb. 27 (John Davis v. Louisiana-Pacific Corp., No. A17A1726, Ga. App., 2nd Div., 2018 Ga. App. LEXIS 132).

Asbestos Bankruptcy Trust Legislation Passes In Missouri House
JEFFERSON CITY, Mo. - The Missouri House of Representatives on March 8 approved a measure proponents claim will shed more light and transparency into the asbestos litigation and bankruptcy claims process.

Chamber Group Says Lack Of Accountability Is Draining Trust Assets
WASHINGTON, D.C. - The U.S. Chamber of Commerce's Institute for Legal Reform (ILR) released a 28-page report March 8 stating that asbestos bankruptcy trusts are paying claimants less and are running out of money to pay future claimants, with overpaid lawyers looking to defraud the trust system to blame in part.

Expert Index

When Strategies Go Awry: Part 5 In A Series On Cognitive Biases And Their Impact
By Laura A. Frase I Gotta Be Me! Self-Enhancing Cognitive Biases "I hate to go on tryin' your patience like this - but well, I'm either dead right or I'm crazy."

New Jersey Jury Hears Expert Testimony On Possibility That Asbestos Tainted Talc
TRENTON, N.J. - A materials scientist told a New Jersey jury on Feb. 20 that it was his opinion that a man's mesothelioma arose from exposure to asbestos in talc products he used nearly daily for his entire life, but under cross-examination admitted that the government had not found any evidence of asbestos contamination in the product (Stephen Lanzo, et al. v. Cyprus Amex Minerals Co., et al., No. L00738516, N.J. Super., Middlesex Co.).

New York Court Won't Stay Asbestos Case During Appeal Of Consolidation
NEW YORK - A New York appeals court on Feb. 6 denied a motion to stay proceedings in an asbestos case so that one of the defendants could appeal consolidation of the cases (In re: New York City Asbestos Litigation, Mary Murphy-Clagett v. A.O. Smith Water Products, et al., No. 190311/15, Kelly O'Connor v. A.O. Smith, et al., No. 190147/15, N.Y. Sup., New York Co.).

Top Court Told $10M Asbestos Punitive Damages Award Rests On Solid Footing
WASHINGTON, D.C. - No confusion exists among the courts on the standard for evaluating punitive damages awards, and the one Crane Co. seeks in attempting to overturn a $10 million asbestos award is both self-serving and short-sighted, a woman told the U.S. Supreme Court Feb. 20 (Crane Co. v. Jeanette G. Poage, No. 17-900, U.S. Sup.).

Asbestos Defendants Take Maritime Bare-Metal Case To Supreme Court
PHILADELPHIA - The Third Circuit U.S. Court of Appeals conjured a foreseeability standard for the bare-metal defense from thin air, furthering cementing a circuit split on the issue of negligence liability for third-party parts and warranting review, companies told the U.S. Supreme Court on Jan. 31 (Air and Liquid Systems Corp, et al. v. Roberta G. DeVries, et al., Ingersoll Rand Co. v. Shirley McAfee, et al., No. 17-1104, U.S. Sup.).

Crane Co. Says Judgment Warranted Even After 3rd Circuit Bare-Metal Ruling
WILMINGTON, Del. - Recent Third Circuit precedent muddies the bare-metal defense, but ultimately does not save a man's case alleging exposure to third-party asbestos parts added to Crane Co. valves, the company argues in a supplemental brief filed with a judge in the U.S. District Court for the District of Delaware on Feb. 15 (Dwight Kenneth Gaston v. Aurora Pump Co., et al., No. 16-579, D. Del.).

Supreme Court Vacates, Remands Jurisdiction Issue In Oklahoma Asbestos Case
WASHINGTON, D.C. - The Supreme Court on Feb. 20 vacated a ruling finding jurisdiction in Oklahoma over a Texas-based asbestos defendant and the resulting $6 million verdict and remanded the case for further consideration in light of recent precedent on the issue. In its petition, the drywall materials company had portrayed the Oklahoma court's ruling as "indefensible" and argued that it evidenced the state's continuing disregard for Supreme Court precedent (Murco Wall Products Inc. v. Michael D. Galier, No. 17-733, U.S. Sup.).

New York Top Court Told Asbestos Causation Ruling Nixing $11M Verdict 'Much Needed'
NEW YORK - A ruling requiring an asbestos plaintiff to introduce actual evidence that exposures from friction products could cause her decedent's mesothelioma is a "much-needed course correction" in the litigation, an amicus curiae group told New York's top court on Feb. 15 as briefing in the case wraps up (In re New York City Asbestos Litigation, Mary Juni, etc. v. A.O. Smith Water Products Co., et al., No. APL-2017-00114, N.Y. App.).

New York High Court To Decide If Coke Oven Constitutes Product
ALBANY, N.Y. - The New York Court of Appeals on Feb. 15 agreed to decide whether construction of "massive" asbestos-containing coke oven batteries involved a product for products liability purposes or whether the project constituted services (In the matter of the Eighth Judicial District Asbestos Litigation, Donald J. Terwilliger, et al. v. Beazer East Inc., et al., No. APL-2018-00023, N.Y. App., 2018 N.Y. LEXIS 187).

Wisconsin Supreme Court Grants Review After Lower Court Summary Judgment Ruling
MILWAUKEE - The Wisconsin Supreme Court agreed to wade into an asbestos action on Feb. 14, accepting a case in which the lower court found that a man's failure to recall specific worksites was not fatal to his action (Russell Robertson, et al. v. Cleaver-Brooks Inc., et al., No. 2015AP2486, Wis. Sup.).

Summary Judgment Denial Leaves Retrial On Track In Asbestos Dryer Felt Case
SEATTLE - A Washington asbestos case remains headed toward retrial later next month after a federal judge on Feb. 23 found that genuine issues of material fact remain regarding a man's potential exposure to asbestos from dryer felts (Geraldine Barabin v. Scapa Dryer Fabrics Inc., No. 07-1454, W.D. Wash., 2018 U.S. Dist. LEXIS 29586).

County Says Judge's Widow's Asbestos Action Is Untimely Under Texas Law
HOUSTON - Texas law requires that claimants give notice of a workers' compensation claim within six months of the incident, rendering untimely a woman's asbestos action filed years after her husband retired as a judge, the county told a Texas appellate court on Feb. 12 (Jefferson County, Texas v. Ellarene Farris, et al., No. 01-17-00493-CV, Texas App., 1st Dist.).

Refinery Will Appeal $2.86M Asbestos Renal Cancer Verdict
SAN FRANCISCO - A refinery company filed a notice of appeal on Feb. 20, indicating its intent to challenge an asbestos renal cancer verdict that left it liable for $133,072.23 (John M. Silva v. Albay Construction Co., et al., No. CGC-15-276384, Calif. Super., San Francisco Co.).

Federal Judge Says New Jersey Take-Home Exposure Duty Extends To Home's Visitors
PHILADELPHIA - Applying logic New Jersey's top court first espoused in an asbestos case finding a duty to prevent household exposures, a federal judge in Pennsylvania said Feb. 21 that the duty also extends past spouses to a girlfriend who frequently visited an employee's residence (Brenda Ann Schwartz v. Accuratus Corp., No. 12-6189, E.D. Pa., 2018 U.S. Dist. LEXIS 27405).

New Jersey Court Revives Asbestos-Tainted Fertilizer Case After Discovery Error
TRENTON, N.J. - A lawn care company's failure to disclose the existence of 26 vintage bags of product containing vermiculite from the asbestos-contaminated Libby, Mont., mine warrants vacating final judgment and reopening the case, a New Jersey appellate court held Feb. 26 (Adrianne Brandecker, et al. v. E&B Mill Supply Co., et al., No. A-05722-14T4, N.J. Super., App. Div.).

Federal Judge Won't Extend Witness, Discovery Deadlines In Asbestos Case
KANSAS CITY, Kan. - A rail car company provided no justification for why it could not have identified an expert asbestos state-of-the-art witness prior to the passage of an already extended deadline, a federal judge in Kansas held Feb. 13 in denying a motion to extend discovery and disclosure periods (Nancy Little, et al. v. The Budd Co., No. 16-4170, D. Kan., 2018 U.S. Dist. LEXIS 23230).

Mississippi Top Court Allows Asbestos Trust Setoffs From FELA Verdict
JACKSON, Miss. - Nothing in the state's precedent or the Federal Employers' Liability Act (FELA) precludes setting off an asbestos verdict with amounts recovered from asbestos trusts, a divided Mississippi Supreme Court held Feb. 15 (Illinois Central Railroad Co. v. Bennie Oakes, et al., No. 2015-TS-00644, Miss. Sup., 2018 Miss. LEXIS 67).

Expert Index

Arizona Jury Returns Defense Verdict In Asbestos Pipe Case
PHOENIX - An Arizona jury on Feb. 1 returned a defense verdict for CertainTeed Corp. after hearing earlier in the day that plaintiffs had not shown asbestos exposure from the company's pipe and that the case rests on pieces of evidence taken out of context, sources told Mealey Publications (Francisco Herrera, et al. v. CertainTeed Corp., et al., No. CV2014-009632, Ariz. Super., Maricopa Co. VIDEO FROM THE TRIAL IS AVAILABLE.).

Asbestos-Talc Link Debated In Opening Arguments Before New Jersey Jury
TRENTON, N.J. - A New Jersey jury heard oral arguments Jan. 30 on whether a man's mesothelioma could have been caused by asbestos that contaminated the talc he used for years (Stephen Lanzo, et al. v. Cyprus Amex Minerals Co., et al., No. L00738516, N.J. Super., Middlesex Co. VIDEO FROM THE TRIAL IS AVAILABLE.).

Ohio Supreme Court Finds Cumulative Asbestos Exposure Opinion Lacking
CLEVELAND - Testimony that cumulative asbestos exposures all contribute to mesothelioma does not meet the standard for causation in Ohio, the state's supreme court held Feb. 8 in reversing a ruling that affirmed a more than $1 million judgment against Honeywell International Inc. (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 2016-1372, Ohio Sup.).

California Top Court Won't Review Expert's Asbestos-Tainted-Talc Opinion
SAN FRANCISCO - The California Supreme Court on Jan 31 declined to review a ruling finding that triable issues were created by an expert's testimony regarding asbestos contamination of talc a woman regularly used for more than 20 years (Mary Lyons v. Colgate-Palmolive Co., No. S245665, Calif. Sup.).

Judge Affirms Exclusion Of Unchallenged Deposition Testimony In Asbestos Case
WILMINGTON, Del. - Defendants' postponement of a deposition did not waive their right to cross-examine the witness, who died two weeks after he gave truncated testimony, a Delaware judge held Feb. 7 in finding the testimony inadmissible (William Derek Sykes, et al. v. Air & Liquid Systems Corp., et al., No. N14C-03-028 ASB, Del. Super., New Castle Co.).

Judge Considers Whether Federal Compliance Negates $4.3M Asbestos Verdict
OAKLAND, Calif. - A California state judge will hear arguments Feb. 16 on whether a company's compliance with federal regulations precluded a jury's finding that it negligently exposed a man to asbestos, leading to his lung cancer (Saipele Faiaipau v. J&H Marine Industrial & Engineering Inc., et al., No. RG1364938, Calif. Super., Alameda Co.).

Couple Wants Review Of Pennsylvania Fair Share Act Asbestos Liability Ruling
PHILADELPHIA - An appellate court erred in concluding that Pennsylvania's Fair Share Act overrode the existing per capita equal share basis for dividing liability in asbestos cases and in allowing a jury to consider bankrupt defendants as well, a couple told the Pennsylvania Supreme Court Jan. 26 (William Roverano, et al. v. John Crane Inc., et al., Nos. 58 EAL 2018, Pa. Sup.).

City Didn't Waive Asbestos-Claim Immunity, Colorado High Court Rules
DENVER - The city of Colorado Springs' complete demolition of an office building did not constitute construction or maintenance of the facility and did not waive its sovereign immunity protection against an asbestos claim, the Colorado Supreme Court held Feb. 5 (Smokebrush Foundation, et al. v. City of Colorado Springs, No. 2018 CO 10, Colo. Sup.).

Judge: Landowner Must Address New Evidence In Asbestos Premises Suit
WILMINGTON, Del. - A landowner must address new evidence related to whether it had a duty under Louisiana law to protect a contractor from asbestos exposure, a Delaware judge held Jan. 30 (Sandra Kivell, et al. v. Murphy Oil USA Inc., et al., No. N15C-07-093 ASB, Del. Super., New Castle Co.).

Judge: 2009 Asbestosis Case Judgment Precludes Mesothelioma Claim
ST. LOUIS - An unopposed motion for summary judgment in an asbestosis case sufficiently shares common parties and claims with a subsequent mesothelioma case to warrant granting judgment under collateral estoppel, a federal judge in Missouri held Jan. 30 (Diane MacCormack, et al. v. The Adel Wiggins Group, et al., No. 16-414, E.D. Mo., 2018 U.S. Dist. LEXIS 14579).

Asbestos Defendant Tells Top Court Oklahoma Ignores Jurisdiction Precedent
WASHINGTON, D.C. - An Oklahoma appellate court's "indefensible" ruling in an asbestos case merely continues the state's disregard for U.S. Supreme Court precedent on the issue of jurisdiction, a company told the nation's top court Jan. 23 (Murco Wall Products Inc. v. Michael D. Galier, No. 17-733, U.S. Sup.).

Justice Won't Re-evaluate Jurisdiction Ruling In Asbestos Floor Tile Case
NEW YORK - Insufficient evidence links an asbestos floor tile company to New York for jurisdiction to exist in the state, a state justice held in an opinion posted Jan. 30, denying reargument (Richard S. Trumbull, et al. Adience Inc., et al., No. 190084/2016, N.Y. Sup., New York Co., 2017 N.Y. Misc. LEXIS 5069, 2018 N.Y. Misc. LEXIS 276).

Judge Finds Allegations Against Employee Keep Asbestos Case In State Court
GREAT FALLS, Mont. - Allegations against a former railway employee allegedly responsible for safety destroy complete diversity and warrant remanding five asbestos cases, a federal judge in Montana held Feb. 1 (Kenneth Braaten, et al. v. BNSF Railway Co., et al., No. 17-94, D. Mont.).

Judge: Emails Made Case Removable; Asbestos Disclaimer Keeps It In State Court
PORTLAND, Ore. - Contacts in furtherance of settlements suggesting asbestos exposures aboard U.S. Navy ships are "other paper" that make a case removable, but a woman's subsequent waiver of such claims warrants remanding the case, a federal judge in Oregon held Feb. 2. On Feb. 5, the defendants filed an emergency motion to stay remand (Maxine Pelker, et al. v. Air & Liquid Systems Corp., et al., No. 17-1107, D. Ore., 2018 U.S. Dist. LEXIS 17466).

Judge: Continental Shelf Platform Work Keeps Asbestos Case In Federal Court
NEW ORLEANS - Work constructing or maintaining continental shelf platforms, and resulting asbestos exposures, is enough to keep a case in federal court, a Louisiana federal judge held Jan. 24 in denying remand (Frederico Lopez v. McDermott Inc., et al., No. 17-8977, E.D. La.).

2nd Asbestos Disclaimer Can't Void Removal, Judge Finds
PORTLAND, Ore. - A woman who reasserted asbestos exposure allegations giving rise to federal jurisdiction after remand cannot avoid removal a second time by once again rejecting those claims, a federal judge in Oregon held Feb. 2 (Melissa Coury, et al. v. Air & Liquid Systems Corp., et al., No. 16-1796, D. Ore., 2018 U.S. Dist. LEXIS 17463).

3rd Circuit Keeps Federal Maritime Asbestos Jurisdiction Challenge Alive
PHILADELPHIA - Three maritime plaintiffs' challenge of a federal asbestos multidistrict litigation judge's order dismissing their cases for lack of personal jurisdiction will proceed after the Third Circuit U.S. Court of Appeals on Jan. 26 found that jurisdictional defects did not prevent the appeal (In re: Asbestos Products Liability Litigation [VI], No. 17-3471, 3rd Cir.).

Magistrate Judge Recommends Judgment For 6 In Asbestos Aircraft Case
WILMINGTON, Del. - A man's recollection of work on airplanes and limited recall of asbestos-product manufacturers are not enough to overcome summary judgment, a federal magistrate judge in Delaware held in recommending summary judgment for six defendants (In re: Asbestos Litigation, John DeCastro, et al. v. Aerojet Rocketdyne Holdings Inc., et al., No. 16-951, D. Del., 2018 U.S. Dist. LEXIS 12104).

Asbestos Case Never Involved Navy, Required Remand, Woman Tells 9th Circuit
SAN FRANCISCO - An asbestos case never involved exposures in the U.S. Navy, a conclusion the turbine defendants' own evidence supports, and a judge properly relied on a post-removal explanation of the claim in remanding the case, a woman tells the Ninth Circuit U.S. Court of Appeal in a Jan. 31 brief (Melissa Coury, et al. v. CBS Corp., et al., No. 17-35492, 9th Cir.).

Court Affirms Benefits Award For Lung Cancer Death
CHARLESTON, W.Va. - A company agreed to take on workers' compensation claims when it purchased a facility, and a widow's lung cancer claim falls within the list of compensable claims, even though some doctors concluded that asbestos was not a cause of the disease, West Virginia's top court held Jan. 25 (Constellium Rolled Products Ravenswood v. Delores M. Ambro, et al., No. 17-0753, W.Va. Sup. App., 2018 W.Va. LEXIS 73).

Judge Finds Reasons For Denying Veteran's Asbestos Claim Unsupported
WASHINGTON, D.C. - A veterans affairs appeals board improperly discounted a man's lay testimony regarding his diagnosis while accepting a largely irrelevant and "difficult to decipher" medical opinion, a U.S. Court of Appeals for Veterans Claims judge held Jan. 29 (Arthur M. Bernal v. David J. Shulkin, et al., No. 16-3524, U.S. App. Vet. Clms., 2018 U.S. App. Vet. Claims LEXIS 89).

Expert Index

When Strategies Go Awry: Part 4 In A Series On Cognitive Biases And Their Impact
By Laura A. Frase But Wait - I Remember It Differently: Cognitive Biases That Mess with Our Memories "'It's a poor sort of memory that only works backwards' the Queen remarked."