Subscribe: LexisNexis® Mealey's™ Asbestos Legal News
Added By: Feedage Forager Feedage Grade C rated
Language: English
app  asbestos case  asbestos  case  court  dist lexis  dist  exposure  federal  held  judge  july  lexis  new york  new 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: LexisNexis® Mealey's™ Asbestos Legal News

LexisNexis® Mealey's™ Asbestos Legal News

Headline Asbestos Legal News from LexisNexis®


California Jury Awards Couple $5,321,050 For Man's Mesothelioma
OAKLAND, Calif. - A California jury on July 14 awarded $5,321,050 to a man who allegedly contracted mesothelioma after exposure to asbestos during underground work with cement pipe, sources told Mealey Publications (Frank Hart, et al. v. Calaveras Asbestos Ltd., et al., No. RG16838191, Calif. Super., Alameda Co.).

South Carolina Jury Awards $300,000 To Worker, Wife In Power Plant Asbestos Trial
SPARTANBURG, S.C. - A South Carolina state court jury on Aug. 3 awarded $300,000 to a former power plant inspector and his wife after finding that two defendants negligently exposed the worker to asbestos that caused his mesothelioma (Beverly Dale Jolly, et al. v. General Electric Company, et al., No. 2016-CP-43-01592, S.C. Comm. Pls., Spartanburg Co.).

Federal Jury Hearing Asbestos Case Returns Verdict For John Crane Inc.
MADISON, Wis. - A federal jury in Wisconsin returned a defense verdict for John Crane Inc. on July 19, finding that the company did not act negligently or defectively design or fail to warn about the alleged dangers posed by its asbestos-containing gaskets and packing (Patricia L. Carroll, et al. v. John Crane Inc., No. 15-373, W.D. Wis.).

Reconsideration Of Exclusion Of Cumulative Exposure Asbestos Testimony Sought
CHARLESTON, S.C. - A medical expert's opinion that exposure to asbestos in gaskets substantially contributed to the entire dose that caused a man's mesothelioma simply reiterates scientific fact and is sufficiently case-specific to avoid being the "every exposure" theory, a man told a federal judge on July 24 in asking that he reconsider his ruling excluding the testimony (John E. Haskins and Mary L. Haskins v. 3M Co., et al., No. 15-2086, James Willson Chesher, et al. v. 3M., No. 15-2123, D. S.C., 2017 U.S. Dist. LEXIS 113657).

Federal Judge Denies Defendants' Motion To Bar Expert In Asbestos Case
NEWARK, N.J. - A federal judge in New Jersey on Aug. 4 said a doctor called upon to be a plaintiff's expert witness in an asbestos exposure suit was qualified and used approved methodology, denying the defendants' joint motion to bar the expert's testimony (Judith L. Hoffeditz v. AM General LLC, et al., No. 09-0257, D. N.J., 2017 U.S. Dist. LEXIS 123493).

Illinois Court Leaves Stay In Place While Parties Wage Asbestos Discovery Battle
SPRINGFIELD, Ill. - Nothing in the record suggests that a company's appeal of a ruling ordering it to produce index cards it claims contain trade secrets is a frivolous one or that the move is simply a ploy designed to delay trial, an Illinois appeals court held July 26 (Larry Salvatore Sr., et al. v. Cleaver-Brooks, et al., No. 4-17-0244, Ill. App., 4th Dist.).

Asbestos Discovery Master Says Alleged Conflicts Don't Warrant Disqualification
NEWARK, N.J. - The special master appointed to oversee discovery issues in a seven-year-old asbestos lawsuit involving allegations of fraud on the part of a talc defendant and its lawyer said in an Aug. 11 letter that a law firm's representation of an unrelated party does not disqualify him from serving (Kimberlee Williams, et al. v. BASF Catalysts LLC., et al., No. 11-1754, D. N.J.).

California Panel Reverses Judgment For Employer In Take-Home Asbestos Case
LOS ANGELES - A California appellate panel on July 28 reversed summary judgment for an employer on a couple's take-home asbestos complaint, noting that the state Supreme Court ruling in Kesner v. Superior Court, filed after the couple noticed its appeal, disproved prior case law indicating that a property owner has no duty to its workers' family members from secondary exposure to asbestos used during the course of its business on its premises (San Juana Sandoval, et al. v. American Appliance Manufacturing Corp., No. B278952, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. Unpub. LEXIS 5203).

Washington Top Court Won't Weigh In On Household Exposure Case
SEATTLE - The Washington Supreme Court on June 27 declined to weigh into a household exposure asbestos case that produced a $3.6 million verdict against an insulator and involved questions regarding the state's statute of repose, liability and whether the company was a seller of the product in question (Estate of Barbara Brandes v. Brand Insulation Inc., No. 94199-8, Wash. Sup.).

9th Circuit Lifts Stay In Pfizer Asbestos Liability Case Involving Quigley
SEATTLE - The Ninth Circuit U.S. Court of Appeals on July 14 lifted a stay of an asbestos case asking whether Pfizer Inc. is liable for a subsidiary's products under the Restatement (Second) of Torts, but said the plaintiff may seek to reimpose the stay if the Washington Supreme Court accepts review of a similar case (Sharleen Sprague, et al. v. Pfizer Inc., No. 15-35051, 9th Cir.).

Federal Magistrate Judge Finds Insufficient Evidence, Recommends Judgment For 7
WILMINGTON, Del. - A couple has at least some evidence of a man's encounters with some of the defendants' products, but no evidence that those products contained asbestos or that the parts in question were manufactured by the defendants, a federal magistrate judge in Delaware held July 21 in recommending summary judgment for seven companies (Harold Haynes and Judy Haynes v. Air & Liquid Systems Corp., et al., No. 16-607, D. Del., 2017 U.S. Dist. LEXIS 113828).

Judge Rules For 2 Defendants In Asbestos Case, Denies Plaintiffs Leave To Amend
SEATTLE - A federal judge in Washington in separate July 31 rulings granted one company's motion for judgment on the pleadings and another company's motion to dismiss and denied a couple's motion for leave to amend their asbestos complaint, which had been previously dismissed without prejudice; all three rulings were based on jurisdictional issues (Matthew Hodjera, et al. v. BASF Catalysts LLC, et al., No. 17-48, W.D. Wash., 2017 U.S. Dist. LEXIS 119940, 2017 U.S. Dist. LEXIS 119942, 2017 U.S. Dist. LEXIS 119945).

Judge: Navy Asbestos Mandate Didn't Affect Shipyard's Conduct Toward Employees
NEW ORLEANS - The Navy's mandate that a shipbuilder use asbestos-containing parts did not prevent it from warning employees about the presence of asbestos at the facility or from implementing safety procedures, a federal judge in Louisiana held Aug. 4 in remanding a negligence action (Robert Templet Sr. v. Avondale Industries Inc., et al., No. 17-5935, E.D. La., 2017 U.S. Dist. LEXIS 123216).

GM's Suit Against Manville Trust Barred By Injunction, Bankruptcy Judge Rules
POUGHKEEPSIE, N.Y. - General Motors LLC cannot sue Johns-Manville Corp.'s asbestos personal injury trust in Ohio state court to recover money for payments made to a widow because GM's claim for contribution is barred by the decades-old injunction issued in Johns-Manville's Chapter 11 case, a New York federal bankruptcy judge held July 24 (In re Johns-Manville Corporation, et al., No. 82-11656 [General Motors LLC v. Manville Personal Injury Settlement Trust, et al., No. 1:17-ap-1032], S.D. N.Y. Bkcy., 2017 Bankr. LEXIS 2063).

Expert Index

What's New In 2017? Filing Trends And Developments In Asbestos Litigation
By Daniel J. Ryan, John J. Hare and Mark A. Behrens Introduction Asbestos litigation defense is primarily a "micro" endeavor for companies and their counsel, focusing on the plaintiff's exposure allegations, the product at issue, the applicable law, and the particular judge and plaintiff's counsel in the case. Individual cases, however, comprise the fabric of the most expensive and enduring mass tort litigation in history. This article explores that "macro" context.

Florida High Court Will Review Asbestos Causation Experts, Resulting $8M Award
TALLAHASSEE, Fla. - The Florida Supreme Court agreed to decide the proper standard for admitting expert causation testimony in the state when on July 11 it accepted a case that originally resulted in an $8 million asbestos award against tobacco and gaskets companies (Richard DeLisle v. Crane Co., et al., No. SC16-2182, Fla. Sup.).

Plaintiff, Amici: Cumulative Asbestos Exposure Opinion Isn't Remarkable
CLEVELAND - Household exposures from brake jobs meet the frequency, regularity and proximity test for asbestos cases in Ohio, and nothing in an expert's testimony regarding the scientific fact that individual exposures contribute to the total cumulative dose invokes the "every exposure" theory, a plaintiff and his amici argue in a pair of July 17 briefs to the Ohio Supreme Court (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 2016-1372, Ohio Sup.).

Judge: Cumulative Exposure, 'Every Exposure' Theories Are Equally Inadmissible
BALTIMORE - Expert testimony that asbestos "cumulates" in the body and leads to disease is indistinguishable from the theory that every exposure to asbestos leads to disease and is inadmissible under federal rules and Daubert v. Merrell Dow Pharm., Inc., a federal judge in Maryland held July 17 in granting summary judgment in a prominent attorney's case alleging bystander exposure (Jeffrey Rockman, et al. v. Union Carbide Corp., et al., No. 16-1169, D. Md., 2017 U.S. Dist. LEXIS 110181).

Company: $9M Asbestos Verdict Built On Impermissible 'Every Exposure' Theory
MIAMI - A recently widowed woman's "flagrantly late-filed motion" seeking to substitute herself as plaintiff demands that the motion be denied, and her reliance on expert testimony that any exposure to asbestos leads to disease requires rejecting the resulting $9 million bystander asbestos verdict, a company told a Florida appeals court on June 19 (Northrop Grumman Systems Corp., et al. v. Rosa-Maria Britt, et al., No. 3D16-2583, Fla. App., 3rd Dist.).

Judge Allows Jury To Hear, But Limits, Asbestos Fiber Causation Hypothetical
MADISON, Wis. - To the extent that science recognizes it as a fact, a plaintiff may introduce expert testimony to the effect that a single asbestos fiber can theoretically cause mesothelioma, so long as neither the plaintiff nor the expert suggests that this establishes liability, a federal judge in Wisconsin held July 14 (Patricia L. Carroll, et al. v. ABB Inc., et al., No. 15-373, W.D. Wis., 2017 U.S. Dist. LEXIS 108992).

Ohio Court: Unsworn Asbestos Causation Testimony Meets Prima Facie Requirements
CLEVELAND - Expert asbestos medical testimony that echoes the requirements in Ohio law is sufficient to make a prima facie case and need not be a signed document, an Ohio appeals court held July 20 (Kevin E. Howell v. Consolidated Rail Corp., et al., No. 104554, Ohio App., 8th Dist., 2017 Ohio App. LEXIS 2984).

Parties Settle Asbestos Action After Judge Admits Industrial Hygienist
BALTIMORE - A couple on July 19 settled with the two remaining defendants whose conduct allegedly caused exposure to asbestos, just two days after a judge denied a motion to exclude expert testimony from the defendant's industrial hygienist (Charles Lemuel Arbogast Jr., et al. v. A.W. Chesterton Co., et al., No. 14-4049, D. Md.).

Judge Unseals Documents Within Crime-Fraud Exception In Asbestos-Tainted Talc Case
NEWARK, N.J. - A judge in New Jersey on July 7 unsealed a pair of special discovery master opinions involving the crime-fraud exception to attorney-client privilege in an asbestos-talc case. The documents remain provisionally sealed so that the parties can appeal the ruling (Audrey Sampson, et al. v. 3M Co., et al., No. MID-L-5384-11AS, N.J. Super., Middlesex Co.).

Woman Tells Court Expert, Responses Create Triable Issues In Asbestos-Talc Case
SAN FRANCISCO - A cosmetic talc company's own responses and expert testimony demonstrate that the very triable issues a judge found did not exist, and the concession that none of the bottles remain does not support summary judgment, a woman told a California appeals court on June 23 (Mary Lyons v. Colgate-Palmolive Co., No. A150567, Calif. App., 1st Dist.).

New York Appellate Court Stays Most Of New Asbestos CMO
NEW YORK - A New York appellate court on July 20 stayed implementation of all but the hotly contested punitive damages provision of the recent New York City asbestos litigation (NYCAL) case management order (CMO) while it considers defendants' challenges (In re: New York City Asbestos Litigation, All Asbestos Cases., No. 40000/1988 782000/2017, N.Y. Sup., New York Co.).

Illinois Court Considers Stay Of Asbestos Case With Discovery Dispute Pending
SPRINGFIELD, Ill. - An Illinois appeals court heard oral argument on July 11 over whether a judge properly stayed an asbestos case just a week out from trial so that one of the four defendants could litigate its failure to produce agreed-upon discovery (Larry Salvatore Sr., et al. v. Cleaver-Brooks, et al., No. 4-17-0244, Ill. App., 4th Dist.).

Court Again Modifies Opinion Declining To Seal Privileged Asbestos Documents
LOS ANGELES - A California appellate court on July 12 modified an opinion declining to seal accidently produced privileged documents discussing the cost-benefit analysis of asbestos products, the second time in less than two weeks that it did so (Elaine Margie Paulus, et al. v. J-MM Manufacturing Company Inc., No. B269904, Calif. App., 2nd Dist., 2017 Cal. App. Unpub. LEXIS 4764).

Delaware Judge Finds No Evidence Gaskets, Cement Originated With Boiler Maker
WILMINGTON, Del. - Under Massachusetts law, manufacturers are not liable for failing to warn about hazards posed by third-party replacement parts, dooming a widow's asbestos action, a judge in Delaware said July 11 (Dorothy Charbonneau, et al. v. Cleaver-Brooks Inc., et al., No. N15C-01-045 ASB, Del. Super., New Castle Co.).

Michigan Law Frees Retailer From Asbestos Suit, Delaware Judge Says
WILMINGTON, Del. - Michigan law does not hold a retailer liable for failing to warn about the hazards posed by asbestos in floor tiles it sold, a judge in Delaware concluded July 12 in granting Sears Roebuck Co. summary judgment (Scott Glaser and Sandra Glaser v. Sears Roebuck Co., et al., No. N15C-08-207 ASB, Del. Super., New Castle Co., 2017 Del. Super. LEXIS 342).

Judge Finds Evidence Of Exposure Lacking In Asbestos Valve Case
WILMINGTON, Del. - Evidence that a company manufactured valves with frequently replaced asbestos-containing components and that a man worked with that manufacturer's valves would impermissibly require a jury to speculate to find that the man suffered exposure to asbestos parts made or supplied by the company, a Delaware judge held July 12 in applying Massachusetts law (Dorothy Charbonneau, et al. v. Cleaver-Brooks Inc., et al., No. N15C-01-045 ASB, Del. Super., New Castle Co.).

Couple: Asbestos Verdict In Lawn Fertilizer Case Arose From Inadvertent Error
LOS ANGELES - A judge's failure to revise a verdict form to include all the theories raised at trial and in the instructions resulted in an incomplete verdict and requires a new trial, the widow of a man who allegedly suffered asbestos exposure in lawn fertilizer told a California appeals court on June 22 (Geraldine Fraser, et al. v. The Scotts Company LLC, No. B271747, Calif. App., 2nd Dist.).

Court Allows Widow To Add Claims To Suit Over Missing Asbestos Payment
NEW YORK - A widow may add claims for declaratory judgment and tortious interference with contract to her case claiming that insurers and an administrator are intentionally delaying or denying payment on a more than $7 million asbestos verdict, a New York justice held in an opinion posted July 18 (Ruby Konstantin, et al. v. Aetna Casualty & Surety Co., et al., No. 652897/2013, N.Y. Sup., New York Co., 2017 N.Y. Misc. LEXIS 2697).

Court: Res Judicata Bars Wrongful Death Consortium Claim
LOS ANGELES - A couple's previous asbestos action bars a widow's wrongful death action seeking loss of consortium, a California appeals court held July 11 while also concluding that the judge below properly offset an economic award for funeral and burial expenses with proceeds from settlements with asbestos bankruptcy trusts (Janet Stewart v. Union Carbide Corp., No. B267405, Calif. App., 2nd Dist., Div. 4).

Judge Finds No Jurisdiction Over European Companies For U.K. Asbestos Exposures
BALTIMORE - Under recent U.S. Supreme Court precedent, neither specific nor general jurisdiction exists in Maryland over European companies that allegedly exposed a man to asbestos while he lived in the United Kingdom, a state judge held June 7 (In re: Baltimore City Asbestos Litigation, Amy R. Smith, et al. v. Automotive Products Company Ltd., et al., No. 24X13000333, Md. Cir., Baltimore City).

Virgin Islands Judge Dismisses Stipulation Involving Nonparty Asbestos Defendant
CHRISTIANSTED, Virgin Islands - The complexity of asbestos cases explains, but does not excuse, a motion for stipulated dismissal of a defendant not party to an asbestos case and underscores a bigger problem in the litigation, a judge in the Virgin Islands held July 13 (Arthur Paul v. Rraitan Supply Co., et al, No. SX-97-CV-329, Virgin Islands Super., St. Croix, 2017 V.I. LEXIS 106).

Judge Finds It Implausible FELA Asbestos Settlement Didn't Contemplate Cancer
PHILADELPHIA - A Federal Employer's Liability Act (FELA) settlement involving noncompensable pleural plaques specifically encompasses the type of cancer claim now being pursued by the individual's widow, a Pennsylvania judge held June 29 in urging a state appeals court to affirm summary judgment (Margaret Jarrett, et al. v. Consolidated Rail Corp., No. 1295, Pa. Comm. Pls., Philadelphia Co., 2017 Phila. Ct. Com. Pl. LEXIS 184).

2nd Circuit Vacates Sheldon Silver's Conviction In Mesothelioma Referral Case
NEW YORK - A judge improperly instructed the jury that convicted former Speaker of the New York Assembly Sheldon Silver on the scope of conduct falling within honest services fraud and extortion charges under recent U.S. Supreme Court precedent, the Second Circuit U.S. Court of Appeals held July 13 in vacating his conviction involving mesothelioma referrals he sent to a law firm (United States of America v. Sheldon Silver, No. 16-1615, 2nd Cir.).

Reinsurer Argues To New York High Court For Cap Of Defense Costs In Asbestos Suit
NEW YORK - Reinsurance certificates should be interpreted according to their plain language requiring "all reinsurance 'subject to' the amount of liability and subordinating the follow-the-form clause to the certificates' specific terms," a reinsurer argues in a brief filed June 27 in the New York Court of Appeals, saying that its liability for defending and indemnifying asbestos litigation is capped (Global Reinsurance Corporation of America v. Century Indemnity Co., No. CTQ-2016, 0005, N.Y. App.).

Reinsurer, Insurer's Late Notice Dispute Set For Trial In Federal Court
UTICA, N.Y. - A reinsurer and insurer's dispute over reinsurance concerning an underlying $325 million settlement of asbestos claims against an insured has been scheduled for trial on Nov. 13 (Utica Mutual Insurance Co. v. Fireman's Fund Insurance Co., No. 09-cv-00853, N.D. N.Y.).

Expert Index

Florida Jury Returns $6,785,000 Verdict In Mesothelioma Case
FORT LAUDERDALE, Fla. - A Florida jury on July 6 awarded a mesothelioma victim's widow $6,785,000 and found lone remaining defendant John Crane Inc. 75 percent liable for the maintenance worker's injuries (Joyce Moore, et al. v. John Crane Inc., No. 13-011729 [27], Fla. Cir., Broward Co.).

Calif. Court Rejects Petition Asking Court To Address 'Every Exposure' Testimony
FRESNO, Calif. - The California Supreme Court on June 14 declined to review a ruling affirming a decision to admit expert testimony that every identifiable exposure to asbestos contributes to mesothelioma and the resulting punitive damages that led to a $6.5 million verdict (Charity Faith Phillips, et al. v. Honeywell International Inc., No. F070761, Calif. App., 5th Dist.).

Couple Tells Court Community Exposure Opinions Were Improperly Rejected
SAN JOSE, Calif. - Having no way to avoid the conclusion that they caused a man's environmental asbestos exposures, a manufacturer and its supplier ask a court to arbitrarily impose a distance requirement for causation and to require experts to have personal knowledge prior to offering opinions, a couple told a California appeals court May 30 (Beverly Trapp, et al. v. Asbestos Corp. Limited, et al., No. H043867, Calif. App., 6th Dist.).

Judge Rips Knowledge Of Federal Rules While Tackling Asbestos Pretrial Motions
MADISON, Wis. - A federal judge in Wisconsin promised that an upcoming asbestos trial will not resemble the "shoot out at the O.K. Corral," while lamenting both sides' apparent lack of familiarity with the Federal Rules of Civil Procedure and blatantly unnecessary briefing in a July 7 ruling touching on expert testimony, the "every exposure" theory, John Crane Inc.'s wealth and other items (Patricia L. Carroll, et al. v. ABB Inc., et al., No. 15-373, W.D. Wis., 2017 U.S. Dist. LEXIS 55705).

Court Modifies Opinion In Privileged Asbestos Document Case, Denies Rehearing
LOS ANGELES - A California appeals panel on June 30 modified an opinion discussing a company's conduct surrounding privileged document discussing the risk-benefit analysis of asbestos products, but otherwise denied rehearing after refusing to seal the record to protect the document (Elaine Margie Paulus, et al. v. J-MM Manufacturing Company Inc., No. B269904, Calif. App., 2nd Dist.).

Judge Allows Presuit Sworn Testimony On Work Conditions
PROVIDENCE, R.I. - Sworn testimony regarding a man's work conditions shortly before his death fall under the good faith exception to hearsay and create triable issues in an asbestos case, a judge in Rhode Island held June 27 in denying summary judgment to three companies (In Re: Asbestos Litigation, Mary Suprey, et al. v. Alfa Laval Inc., et al., No. PC13-3511, Mary Suprey, et al. v. CBS Corp., et al., No. 13-3512, R.I. Super., Providence Plantation, 2017 R.I. Super. LEXIS 104).

Shipyard: New Removal Standard Covers Work 'Related To' Navy Asbestos Use
NEW ORLEANS - After 2011 amendments, the federal officer removal statute now encompasses conduct "relating to" federal officer work, a standard a judge failed to apply in remanding a negligence case involving asbestos claims, a shipyard argues in a June 16 brief to the Fifth Circuit U.S. Court of Appeals (Stephen R. Legendre, et al. v. Huntington Ingalls Inc., et al., No. 17-30371, 5th Cir.).

Judge Won't Stay Remand While Shipyard Appeals Causal Nexus Ruling
NEW ORLEANS - A federal judge in Louisiana on July 6 declined to stay the remand of an asbestos case over a shipyard defendant's complaint about the "patently erroneous" remand order (Stephen R. Legendre, et al. v. Huntington Ingalls Inc., et al., No. 17-02162, E.D. La., 2017 U.S. Dist. LEXIS 103928).

Court Affirms Asbestos Verdict For Service Station Owner, Automobile Manufacturer
LOS ANGELES - Even if replacement brake pads contained asbestos during the times in question, there is no evidence that an automaker's brake assembly would not work with asbestos-free brakes, and the evidence at trial suggests that a service station provided service and was not in the stream of commerce of automobile parts, a California appeals court held July 5 in affirming a verdict (Joseph Petitpas v. Ford Motor Co., et al., No. B245037, Calif. App., 2nd Dist., 2017 Cal. App. LEXIS 604).

Court: Pfizer Didn't Put Itself Out As Manufacturer Of Quigley Asbestos Products
SEATTLE - Pfizer Inc. did not put itself out as the apparent manufacturer of Quigley Co. Inc.'s asbestos-containing products under the Restatement of Torts, a Washington appeals panel held June 26 in an opinion of first impression (Margaret Rublee, et al. v. Carrier Corp., et al., No. 75009-7-I, Wash. App., Div. 1, 2017 Wash. App. LEXIS 1488).

Government Code Renders Woman's Notice Untimely, California Court Finds
LOS ANGELES - A woman's notice that she intended to name the City of Pasadena as a defendant in her asbestos action was untimely because her action accrued upon her mesothelioma diagnosis, a California appeals court held June 26 (City of Pasadena v. The Superior Court of Los Angeles County, Sandra Reyes Jauaregui, et al., No. B280805, Calif. App., 2nd Dist.).

Judge: Allegations Support Potential Successor Liability, Warrant Remand
PHILADELPHIA - A man presents sufficient allegations that a purchaser's retention of the executives, employees and business operations of the company it purchased puts it outside Pennsylvania's general prohibition on successor liability, a federal judge in Pennsylvania held June 28 in remanding the case (In re: Asbestos Products Liability Litigation, Maynard Herman, et al. v. Ametek Inc., et al., No. MDL 875, 17-1602, E.D. Pa., 2017 U.S. Dist. LEXIS 100635).

Court Reverses Judgment In Asbestos Case Against 3 Scientific Products Companies
ALBANY, N.Y. - Three scientific equipment suppliers simply attempt to poke holes in a woman's evidence and do not eliminate the possibility that they supplied asbestos-containing products to her employer, a New York appeals court held in reversing summary judgment June 6 (Eileen A. O'Connor, et al. v. Aerco International Inc. and Fisher Scientific Co. LLC, et al., No. 523122, N.Y. Sup. App. Div., 3rd Dept., 2017 N.Y. App. Div. LEXIS 5355).

Judge Finds 2009 Judgment In Asbestosis Case Precludes Mesothelioma Claim
ST. LOUIS - Though unopposed, a summary judgment motion filed in a previous asbestosis case gave the plaintiffs a fair chance to contest their case's merits and litigated the same exposure issues now at the heart of a new case alleging mesothelioma, a federal judge in Missouri held July 5 (Diane MacCormack, Nancy Broudy, and Karen Loftus, as personal representatives of Berj Hovsepian v. The Adel Wiggins Group, et al., No. 16-414, E.D. Mo., 2017 U.S. Dist. LEXIS 103399).

Name Brand Testimony Doesn't Establish Manufacturer, Asbestos Content, Judge Says
CLEVELAND - Testimony that a man used a certain brand of automobile brake does not establish exposure to a specific manufacturer's product nor that the product contained asbestos, a federal judge in Ohio held in partially denying reconsideration on June 21 (Gail Hart, et al. v. Honeywell International, et al., No. 15-10000, N.D. Ohio, 2017 U.S. Dist. LEXIS 96069).

Judge Grants Companies Additional Time To Answer 101 Asbestos Cases
ST. CROIX, Virgin Islands - Upcoming holidays and the burden of answering 101 asbestos cases in no more than 30 days warrants granting an extension of time where the request was made before expiration of the deadline, a judge in the Virgin Islands held in a July 5 corrected opinion (Albert A. Edwards v. Hess Oil Virgin Islands Corp., and Hess Corp., No. 15-CV-382, St. Croix Super., 2017 V.I. LEXIS 95).

Judge Dismisses 12 From Asbestos Case, Rejects 'Uncharted' Jurisdiction Path
ST. LOUIS - Under newly minted Missouri precedent, merely registering an agent in the state is insufficient grounds to create jurisdiction, a federal judge in the state held June 27 in declining to find that jurisdiction in an asbestos case existed out of necessity (Willie Everett, et al. v. Aurora Pump Co., et al., No. 17-230, E.D. Mo., 2017 U.S. Dist. LEXIS 98731).

New York Justice Relies On New Asbestos CMO In Ordering Consolidation
NEW YORK - Citing a recently instituted asbestos case management order, a New York justice in an opinion posted June 26 ordered two consolidated trial groups, one consisting of two plaintiffs and one of three plaintiffs, as well as ordering separate trials for four others. The plaintiffs had asked the court for three trial groups (Robert Duane Altman and Nancy Brown Altman, et al., No. 190012/16, N.Y. Sup., New York Co.).

Judge Orders Virgin Islands Asbestos Parties To Confer On Consolidation
ST. CROIX, Virgin Islands - A Virgin Islands judge on June 29 refused to consolidate 99 asbestos cases filed in 2015 for pretrial purposes, saying that while the status quo cannot continue, the parties must confer as to more efficient methods of addressing the growing case load (Albert A. Edwards v. Hess Oil Virgin Islands Corp., and Hess Corp., No. 15-CV-382, St. Croix Super., 2017 V.I. LEXIS 95).

Hoping To Avert Sanctions, Plaintiffs Point To Grounds For Asbestos-Door Appeal
MADISON, Wis. - Owens-Illinois Inc. asked the Seventh Circuit U.S. Court of Appeal on June 28 for permission to address defenses asbestos plaintiffs' raised in their response to an order to show cause as to why sanctions should not be imposed for filing a frivolous appeal and intentionally obfuscating the true word count of their brief (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.).

Expert Index