Subscribe: LexisNexis® Mealey's™ Asbestos Legal News
http://www.lexisnexis.com/mealeys/rss/legalnews_asbestos.xml
Added By: Feedage Forager Feedage Grade C rated
Language: English
Tags:
appeals  april  asbestos case  asbestos  case  company  court  evidence  exposure  held  judge  lexis  new york  new  york 
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®



 



Louisiana Jury Returns Verdict For ExxonMobil In Asbestos Case
NEW ORLEANS - A Louisiana jury on April 11 returned a defense verdict in an asbestos case claiming that a former contractor developed mesothelioma and died after exposures at an ExxonMobil Corp. facility, sources told Mealey Publications (Thomas H. Hayden and Jaqueline S. Hayden v. 3M Co., et al., No. 15-03732, La. Dist., Orleans Parish).



Jury Returns Defense Verdict On Environmental Asbestos Exposure Claims
BRIDGEPORT, Conn. - A Connecticut jury on March 17 found for a special materials company in a man's case alleging exposure to asbestos fibers that escaped from the company's facility (Audrey Gough, et al. v. Rogers Corp., et al., No. FBT-CV-15-6049135-S, Conn. Super., Fairfield at Bridgeport).



Justice Receives Briefing On Import Of New York Asbestos Causation Ruling
NEW YORK - Parties filing post-trial motions after a $7 million asbestos-tainted talc verdict in New York briefed a justice on May 15 over whether a February ruling involving the state's causation standard eliminates the ability to prove asbestos cases using cumulative exposure and visible dust evidence or whether it simply reiterates the existing framework (Claudine Discala, as administrator of the estate of Joan Robusto v. Charles B. Chrystal Company Inc., et al., No. 190413/2013, N.Y. Sup., New York Co.).



Cruise Line: No Review Needed In Attempt To Revive $10.3M Jones Act Verdict
WASHINGTON, D.C. - A trial court and subsequent state appellate court merely found that an asbestos plaintiff did not meet the causation standard for a Jones Act claim, a sufficiency-of-the-evidence ruling unworthy of U.S. Supreme Court review, a cruise line argues in a May 4 response, urging the court to reject a petition (Giovanna Settimi Caraffa, et al. v. Carnival Cruise Lines, No. 16-1074, U.S. Sup.).



Conn. Top Court Hears Need For Expert's Opinion In Product Defect Asbestos Case
HARTFORD, Conn. - Parties briefed the Connecticut Supreme Court on May 3 on whether a recent "modest refinement" to Connecticut's product liability standard requires expert testimony establishing that an asbestos-containing rotor blade adhesive was defective and unreasonably dangerous (Wayne Bagley, et al. v. Adel Wiggins Group, et al., No. S.C. 19835, Conn. Sup.).



Court Finds Work Testimony, Presence Of Asbestos Establish Exposure
TRENTON, N.J. - Evidence that a man worked with asbestos and that Union Carbide Corp. supplied more than 40,000 pounds of the mineral to the facility at which he worked are enough to establish exposure, even without a direct link, a New Jersey appeals court held in reversing judgment May 17 (Thomasina Fowler, et al. v. Akzo Nobel Chemicals Inc., et al., No. A-2300-15T4, N.J. Super., App. Div.).



Judge Finds No Evidence Farm Hand's Work Included Manufacturer's Parts
WILMINGTON, Del. - Evidence that a farm hand worked with a company's tractors during a certain period does not establish that the parts he encountered originated with the manufacturer, a judge in Delaware held May 10 (Nathanial Harris v. Deere & Co., et al., No. N14C-03-220 ASB, Del. Super., New Castle Co.).



Judge: No Evidence Asbestos Exposure Came From Ford Tractor Parts
WILMINGTON, Del. - A farm hand lacks sufficient evidence that the tractor parts he worked with were original or that they originated with Ford Motor Co., a judge in Delaware held May 10 (Nathanial Harris v. Deere & Co., et al., No. N14C-03-220 ASB, Del. Super., New Castle Co.).



Judge Again Denies Sprinkmann Judgment In Asbestos Case
CHICAGO - An insulator must proceed to trial on asbestos exposure claims that it was previously denied summary judgment on by two other judges, and a footnote disclaimer of exposures filed in a parallel case does not prevent the man's widow from pursuing those claims, a federal judge in Wisconsin held May 11 (Beverly Ahnert, et al. v. Brand Insulation Inc., et al., Nos. 10-156, 13-1456, E.D. Wis., 2017 U.S. Dist. LEXIS 72048).



Court Questions Duty Precedent On Way To Vacating $4.6 Million Asbestos Award
JACKSON, Tenn. - A divided Tennessee Court of Appeals panel vacated a $4.6 million take-home asbestos verdict May 12, finding that the jury instructions improperly allowed a jury to find negligence without first finding a defective product. All three judges questioned precedent governing how the state's courts decide whether a duty exists to prevent harm (Joyce and Ronnie Stockton v. Ford Motor Co., No. W2016-01175-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 308).



Delaware Judge Won't Reconsider Manufacturer Take-Home Duty Ruling
WILMINGTON, Del. - A woman allegedly exposed to asbestos carried home on her husband's clothing has not alleged a change in law or newly discovered evidence that warrants revisiting a ruling that a manufacturer is not liable for her injuries, a Delaware state judge held May 11 (Elizabeth Ramsey, et al. v. Atlas Turner Ltd., et al., No. N14C-01-287 ASB, Del. Super., New Castle Co.).



Insulator Covers Liability, Statute Of Repose In Household Exposure Petition
SEATTLE - Summary judgment on the question of whether the state's statute of repose applies to a take-home asbestos case precluded litigating the issue at trial, and plaintiff's argument that the failure to raise the issue waived the right to appeal the ruling is nonsense, a company told the Washington Supreme Court on May 5, while also challenging whether it owed household members any duty at all (Estate of Barbara Brandes v. Brand Insulation Inc., No. 94199-8, Wash. Sup.).



Communications Companies Fight Strict Standard Applied In Remand Of Asbestos Case
SAN FRANCISCO - A federal judge applied an impermissibly high standard that federal contractors plead detailed facts in support of removal of an asbestos case, a "clean break" from controlling precedent that requires reversal, a trio of telecommunications companies say in a May 5 brief filed in the Ninth Circuit U.S. Court of Appeals (William Davidson, et al. v. Alcatel-Lucent USA Inc., et al., No. 16-17252, 9th Cir.).



Judge Finds Jurisdiction Lacking In Asbestos Case Against German Auto Maker
MIAMI - A German automaker's contacts with Florida are insufficient grounds on which to exercise jurisdiction over the company, a Florida appeals court held May 17 (Volkswagen Aktiengesellschaft d/b/a Volkswagen AG v. Carol Jones, et al., No. 2D15-5716, Fla. App., 2nd Dist.).



Jurisdiction Frees 3 Automaker Entities, Talc Company From Asbestos Case
SEATTLE - A couple alleging asbestos exposures in Canada lacks specific or general jurisdiction for a suit in Washington state against a trio of Volkswagen entities or talc company Whittaker Clark Daniels, a federal judge held May 17 (Matthew Hodjera and Sylvia Hodjera v. BASF Catalysts LLC, et al., No. 17-48, W.D. Wash.).



Justice Allows Addition Of Improperly Named Company To Maritime Asbestos Suit
NEW YORK - A man's maritime asbestos suit improperly naming a successor as a defendant put an independent corporation that operates as a subsidiary of the named defendant on notice that it was being sued, a New York justice held in an opinion posted May 18 (Joseph J. Crandley v. Farrell Lines Inc., et al., No. 190033/2017, N.Y. Sup., New York Co., 2017 N.Y. Misc. LEXIS 1836).



John Crane Takes RICO Claims Against Lawyers To Pennsylvania Federal Court
PHILADELPHIA - Less than two months after having its fraud and racketeering claims against two law firms and their founders dismissed for lack of personal jurisdiction, John Crane Inc. (JCI) filed the identical claims against one of the firms and its principals in Pennsylvania federal court May 15 (John Crane Inc. v. Shein Law Center Ltd., et al., No. 2:17-cv-02210, E.D. Pa.).



Talc Company Accused Of Fraud Doesn't Need Discovery, Asbestos Plaintiffs Argue
NEWARK, N.J. - Discovery into underlying asbestos claims is not warranted in a class action alleging that a talc company destroyed evidence relevant to asbestos claims because the case involves the scheme to protect the company from liability, not the tort actions, plaintiffs told a federal judge in New Jersey on May 12 (Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., No. 11-1754, D. N.J.).



Mississippi Supreme Court Reverses $14M Silicosis Verdict As Time-Barred
JACKSON, Miss. - A man's chronic obstructive pulmonary disease (COPD) diagnosis started the clock on the statute of limitations and bars his silicosis claim against a respirator manufacturer, a divided Mississippi Supreme Court held May 18 in reversing a $14 million verdict (American Optical Corp. v. Estate of Robert Lee Rankin Sr., et al., No. 2015-CA-0166-SCT, Miss. Sup., 2017 Miss. LEXIS 190).



Expert Index
PLAINTIFF



New York Jury Hands Boiler Company Verdict In Asbestos Case
NEW YORK - A New York jury on May 3 found that boiler company Burnham [ee]LLC was not liable for failing to warn about the dangers of asbestos and was not a substantial factor in a man's mesothelioma, sources told Mealey Publications. The justice presiding over the case had previously allowed experts to testify to what Burnham characterized as the opinion that "every exposure" to asbestos caused disease (Jeanne Evans, et al. v. 3M Co., et al., No. 190109/2015, N.Y. Sup., New York Co.).



Pennsylvania Jury Awards $220,000 For Asbestos-Related Laryngeal Cancer
PHILADELPHIA - A Pennsylvania jury on March 29 awarded a man suffering from asbestos-related laryngeal cancer $220,000 and found the lone remaining defendant, John Crane Inc., one of three liable parties, sources told Mealey Publications (William Murray, et al. v. Durametallic Corp., et al., No. 150701334, Pa. Comm. Pls., Philadelphia Co.).



Expert, Household Duty Rulings, In $3M Asbestos Verdict
BIRMINGHAM, Ala. - A federal judge in Alabama did not err in admitting expert testimony that all significant asbestos exposures contribute to mesothelioma nor in concluding that an employer can be liable for exposing household members to asbestos, an 11th Circuit U.S. Court of Appeals panel held April 26 (Melissa Ann Bobo and Sharon Jean Cox, as co-personal representatives of the estate of Barbara Bobo v. Tennessee Valley Authority, No. 12-S-1930, N.D. Ala., 2015 U.S. Dist. LEXIS 130741).



9th Circuit Permits Expert's Testimony Regarding Origin Of Asbestos Insulation
SAN FRANCISCO - An expert's knowledge regarding U.S. Navy practices and procedures qualifies him to testify that the asbestos-containing insulation to which a man was exposed was likely original to the boilers in question, and he need not have firsthand knowledge, a Ninth Circuit U.S. Court of Appeals panel held April 26 (Geraldine Hilt, et al. v. Foster Wheeler LLC, FKA Foster Wheeler Corp., No. 15-17301, 9th Cir.).



N.Y. Court Affirms Admission Of Expert Testimony, Resulting $4M Asbestos Verdict
ALBANY, N.Y. - Plaintiffs need only present evidence that asbestos exposures were sufficient to cause disease and need not provide a specific numerical value, a New York court held April 28 on its way to affirming a $4 million verdict (Nicholas Dominick and Lorraine J. Dominick v. Charles Millar & Son Co., et al., No. 16-02017, N.Y. Sup., App. Div., 4th Dept.).



Widow: $9M Asbestos Verdict Wasn't Built On 'Every Exposure' Testimony
MIAMI - A widow defended her $9 million bystander asbestos verdict to a Florida appeals court on April 25, saying her expert did not testify that every exposure to asbestos was a substantial factor in any resulting disease and that sufficient evidence of causation exists (Northrup Grumman Systems Corp., et al. v. Rosa-Maria Britt, et al., No. 3D16-2583, Fla. App., 3rd Dist.).



Judge: Asbestos Defendant May Conduct Destructive Testing Of Pathology Materials
BATON ROUGE, La. - A company defending an asbestos action may conduct destructive fiber burden analysis testing of pathology materials, a federal judge in Louisiana held April 26 (William D. Coleman v. Anco Insulations Inc., et al., No. 15-821, M.D. La., 2017 U.S. Dist. LEXIS 62987).



Plaintiff Who Lost $8M Asbestos Verdict Wants Causation Cases Consolidated
FORT LAUDERDALE, Fla. - A motion by an asbestos plaintiff seeking to consolidate her appeal of a ruling excluding expert causation testimony involving cigarette filters with a second case challenging application of the Daubert standard is inappropriate because the court previously stayed her case and because the Florida Supreme Court has not accepted either case for review, Crane Co. told the court on March 14 (Richard DeLisle v. Crane Co., et al., No. SC16-2182, Fla. Sup.).



Missouri Court Affirms $10M Punitive Award, Rejects Crane Co.'s Bare-Metal Defense
ST. LOUIS - Sufficient evidence supports failure-to-warn and design defect claims against Crane Co., as well as a jury's eventual $10 million punitive damages award, a Missouri appeals court held May 2 while also rejecting the company's argument that it could not be liable for asbestos-containing parts used on its bare-metal valves (Jeanette G. Poage, et al. v. 3M Co., et al., No. ED 103953, Mo. App., Eastern Dist., 2017 Mo. App. LEXIS 362).



Contractor Seeks To Overturn $21M Premises Liability Asbestos Verdict
MIAMI - A jury's $21 million asbestos verdict against a contractor on premises liability claims fails as a matter of law because there is no evidence that the company maintained control over the property, and expert causation evidence rested on "an impermissible pyramiding of inferences," the company told a Florida appeals court on March 6 (Bechtel Corp., et al. v. Richard Batchelor and Regina M. Batchelor, No. 3D16-2624, Fla. App., 3rd Dist.).



California Court Set To Hear Take-Home Asbestos Case After Supplemental Briefing
FRESNO, Calif. - A California appeals court will hear oral arguments May 9 in a man's case alleging exposure to asbestos his parents brought home with them from employment with the city of Modesto. The man recently briefed the court on the impact of Kesner v. Superior Court on the case (Nolan J. Lamb v. City of Modesto, No. F073167, Calif. App., 5th Dist.).



Premarital Asbestos Exposure Can't Bar Consortium Claim, Florida Top Court Told
WEST PALM BEACH, Fla. - An appeals court erred in concluding that because a man's asbestos exposure occurred prior to marriage, his widow cannot pursue a statutory loss of consortium claim, the woman told the Florida Supreme Court April 21 (Janis Kelly, et al. v. Georgia-Pacific LLC, et al., No. SC17-714, Fla. Sup.).



Coke Oven Batteries Aren't Products, New York Court Says In Dismissing Action
BUFFALO, N.Y. - The nature of coke oven batteries makes their installation a service more so than a product, a New York appeals court held in reversing denial of summary judgment and dismissing a case alleging asbestos exposures (In the matter of the Eighth Judicial District Asbestos Litigation, Donald J. Terwilliger, et al. v. Beazer East Inc., et al., No. 85 CA 16-00947, N.Y. Sup. App., 4th Dist., 2017 N.Y. App. Div. LEXIS 3580).



LHWCA Completely Immunizes Employer From Third-Party Asbestos Claims, Judge Says
BALTIMORE - A man's asbestos-related exposures occurring during work covered by the Longshore and Harbor Workers' Compensation Act (LHWCA) provide his employer with immunity from third-party claims, a federal judge in Maryland held April 25 in granting a railroad summary judgment (Charles Lemuel Arbogast Jr., et al. v. A.W. Chesterton Co., et al., No. 14-4049, D. Md.; 2017 U.S. Dist. LEXIS 62255).



Court Rejects Apportionment In Workers' Compensation Pleural Plaques Case
NEW YORK - Apportionment of liability between employers who exposed a man pursing a workers' compensation case is inappropriate where all the evidence leads one to conclude that he suffered from no symptoms or disease prior to his May 1999 pleural plaques diagnosis, a New York appeals court held May 4 (In the matter of the claim of Robert Manocchio v. ABB Combustion Engineering, et al., No. 522436, N.Y. Sup. App., 3rd Dept., 2017 N.Y. App. Div. LEXIS 3509).



Asbestos-Talc Defendant Accused Of Fraud Wants Plaintiffs' Counsel Sanctioned
NEWARK, N.J. - Class counsel's failure to comply with basic discovery obligations requires imposing sanctions and an order mandating compliance, a company accused of hiding and destroying evidence of asbestos-contamination of its talc 25-years ago told a federal judge in New Jersey on May 1. Meanwhile, the parties continue to battle over whether third-party attorneys and firms must turn over evidence relating to the underlying asbestos tort claims (Kimberlee Williams, et al. v. BASF Catalysts LLC, et al., No. 11-1754, D. N.J.).



Court Affirms Workers' Comp Award Involving Asbestos, Bladder Cancer
HARRISBURG, Pa. - While not uncontested, enough evidence supports a law judge's conclusion that an employee was both exposed to asbestos and other chemicals within the compensable period for a workers' compensation claim and that the exposure was significant enough to cause bladder cancer, a Pennsylvania appeals court held May 4 (Kimberly Clark Corp. v. Workers' Compensation Appeal Board, No. 656 C.D. 2016, Pa. Cmwlth., 2017 Pa. Commw. LEXIS 175).



Judge: Failure To Disclose Tort To Bankruptcy Court Precludes Asbestos Case
NEW YORK - Collateral estoppel dictates that a couple may not pursue an asbestos action after failing to disclose the potential tort in an pending bankruptcy, a federal judge in New York held April 28 (John Clark and Michelle Clark v. Advanced Composites Group, et al., No. 16-6422, S.D. N.Y., 2017 U.S. Dist. LEXIS 68812).



Widow: Asbestos Company's Jurisdiction Arguments Produce 'Absurd' Results
MIAMI - A chemical company sued over its past asbestos dealings argues for a jurisdictional doctrine that would create an explosion of asbestos litigation and effectively leave it open to suit only in the state where it is incorporated, an "absurd" result, a widow told the 11th Circuit U.S. Court of Appeals April 26 (James John Waite Jr. and Sandra Waite v. AII Acquisition Corp., et al., No. 16-15569, 11th Cir.).



Voluntary Dismissal Would Prejudice Defendants, Rhode Island Justice Finds
PROVIDENCE, R.I. - Participation in an asbestos case, including pending motions for summary judgment, puts two companies far enough into the litigation that they would be prejudiced by the plaintiff's voluntary dismissal and refiling of the action, a judge in Rhode Island held April 20 (Loretta Belac v. 3M Co., et al., No. PC-16-0544, R.I. Super., Providence Plantation, 2017 R.I. Super. LEXIS 70).



Judge: Removing Negligence Case Requires More Than Mandate That Asbestos Be Used
NEW ORLEANS - Removing a case alleging negligence arising from a shipbuilder's alleged discretionary use of asbestos requires more than a simple showing that the U.S. Navy mandated use of the mineral since the claims stem not from its presence, but from its misuse, a federal judge in Louisiana said April 25 (Stephen R. Legendre, et al. v. Huntington Ingalls Inc., et al., No. 17-02162, E.D. La., 2017 U.S. Dist. LEXIS 62364).



Judge Denies Remand After Finding Crane Co. Raises Colorable Federal Defense
BALTIMORE - Testimony from experts in support of Crane Co.'s claim that it followed precise government specifications in manufacturing its valves and that the U.S. Navy would not have permitted additional warnings suffices to keep the asbestos case in federal court in Maryland, a judge held in denying remand May 5 (John C. Dugger Jr., et al. v. Air & Liquid Systems Cop, et al., No. 16-3912, D. Md.).



Alleged Asbestos Exposure From Navy Prototype Sufficient For Removal, Judge Says
LOS ANGELES - An asbestos-insulated working prototype of a U.S. Navy nuclear propulsion system constitutes military equipment on which removal to federal court may be based, a federal judge in California held May 1 (Wayne Yocum, et al. v. CBS Corp., et al., No. 17-1061, C.D. Calif.).



Expert Index
PLAINTIFF



Jury Awards $81.5M After Asbestos Friction-Parts Trial In Washington State
TACOMA, Wash. - A Washington jury awarded $81.5 million April 17 to a widow and her two daughters in their case alleging that their decedent suffered exposure to asbestos in automobile friction products, sources told Mealey's Publications (Gerri Coogan, et al. v. Genuine Parts Co. et al., No. 15-2-09504-3, Wash. Super., Pierce Co.).



New York Jury Awards $16.5M For Woman's Asbestos-Tainted Talc Exposure
NEW YORK - A New York jury on April 7 returned a $16.5 million verdict and found the distributor of talc used in cosmetic talcum powder products 50 percent liable for a woman's mesothelioma, sources told Mealey's Publications (Florence Nemeth v. Brenntag North America, No. 190138-2014, N.Y. Sup., New York Co.).



Jury's Duty Finding Nixes Third-Party Parts Liability Question, Court Finds
WILMINGTON, Del. - A jury's finding that Ford Motor Co. did not fail to warn about the dangers of asbestos-containing replacement brakes makes the question of liability for third-party parts irrelevant, Delaware's top court held April 21 (In re: Asbestos Litigation Donna F. Walls, et al. v. Ford Motor Co., No. 389, 2016, Del. Sup.).



Judge: Bare-Metal Defense Frees 7 Defendants From Asbestos Case
MADISON, Wis. - Plaintiffs muster sufficient evidence that an employer purchased asbestos-containing component parts due to the manufacturer's requirement of those parts for just one of eight defendants, a federal judge in Wisconsin held in applying the bare-metal defense on April 12 (Patricia L. Carroll, et al. v. ABB Inc., et al., No. 15-373, W.D. Wis., 2017 U.S. Dist. LEXIS 55705).



Ohio Top Court Agrees To Hear Asbestos Causation Testimony Challenge
CLEVELAND - Ohio's Supreme Court on April 19 agreed to wade into a dispute over the admissibility of expert causation testimony in an asbestos case, according to its docket (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 103377, Ohio Sup.).



Judge Rejects Challenge To Causation Testimony In Asbestos Case
NEW YORK - Requiring experts to actually sample and test the release of [ee]asbestos fibers from products would be fatal to almost all cases, given the lack of existing products to test and their inherent hazards, a New York justice held in allowing the testimony of three experts in an opinion posted April 20 (Jeanne Evans, et al. v. 3M Co., et al., No. 190109/2015, N.Y. Sup., New York Co.).



Recent Missouri Precedent Secures Asbestos Defendant Jurisdictional Dismissal
ST. LOUIS - Recent Missouri Supreme Court precedent finding that registration in the state does not constitute consent to jurisdiction warrants reconsideration of an earlier ruling in an asbestos case and granting the company's motion to dismiss, a federal judge in Missouri said April 21 (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 60898).



Ex-Chemistry Teacher's Asbestos Action Belongs In Indonesia, Panel Says
SAN FRANCISCO - Indonesia's interests in preventing, and compensating for, asbestos exposures by residents support a judge's conclusion that Hawaii is not the best forum for a former chemistry teacher's lawsuit, a divided Ninth Circuit U.S. Court of Appeals panel held April 14 (James S. Herbert, et al. v. Fisher Scientific Co. LLC, et al., No. 14-15760, 9th Cir., 2017 U.S. App. LEXIS 6464).



Briefs Filed As 11th Circuit Considers Jurisdiction In Asbestos Case
MIAMI - A chemical company and a couple whose asbestos suit against it was dismissed for jurisdictional reasons recently briefed the 11th Circuit U.S. Court of Appeals over whether the company's "massive, ongoing and systematic intrastate business in Florida" created personal or general jurisdiction (James John Waite Jr. and Sandra Waite v. AII Acquisition Corp., et al., No. 16-15569, 11th Cir.).



Iowa Court Reverses, Orders Retrial Of $4 Million Asbestos Verdict
DES MOINES, Iowa - Counsel's "continuous disregard" for rulings excluding evidence of how much a defendant spent defending asbestos actions and the application of the statute of repose requires a new trial, an Iowa appeals court held April 19 (Shari Kinseth and Ricky Kinseth, et al. v. Weil-McLain Co., and State of Iowa, ex. Rel. Civil Reparations Trust Fund, No. 15-0943, Iowa App.; 2017 Iowa App. LEXIS 363).



Impact Of Deposition, Obstruction Briefed In California Asbestos Case
OAKLAND, Calif. - Parties to an Alameda County case have completed briefing a California appeals court on whether late-submitted deposition testimony creates trial issues in a couple's asbestos action (Keith Turley and Joy Ann Turley v. Familian Corp., No. A149752, Calif. App., 1st Dist.).



Man's Last Injurious Asbestos Exposure Occurred In Self-Employment, Court Finds
RALEIGH, N.C. - Substantial evidence supports an industrial commission's conclusion that a mechanic's last injurious exposure to asbestos occurred during his work at his own business, a North Carolina appeals panel held April 18 (Melissa Lovelace, et al. v B&R Auto Service Inc., et al., No. COA16-1045, N.C. App., 2017 N.C. App. LEXIS 310).



Justice: Regulatory Evidence, Tyndall Lighting Tests Admissible At Asbestos Trial
NEW YORK - Some post-exposure regulatory material, evidence relating to studies involving animals and videotapes of Tyndall lighting tests demonstrating the dust released during certain work may be used at an asbestos trial, a justice in New York held in an opinion posted April 11 (Jeanne Evans, et al. v. 3M Co., et al., No. 190109/2015, N.Y. Sup., New York Co., 2017 N.Y. Misc. LEXIS 1223).



North Dakota Enacts Law Seeking Transparency From Asbestos Bankruptcy Trusts
BISMARCK, N.D. - North Dakota became the latest state to enact legislation seeking more transparency in the asbestos bankruptcy trust process after Gov. Doug Burgum signed a bill on April 17.



Mississippi Enacts Asbestos Bankruptcy Trust Transparency Law
JACKSON, Miss. - Mississippi Gov. Phil Bryant signed legislation on April 18 that proponents hope will help bring transparency to asbestos trust funds.



3rd Circuit Says Asbestos Exclusion Is Enforceable, Insurer Owes No Coverage
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 21 reversed a $36 million judgment entered against an insurer in an asbestos coverage dispute after determining that an asbestos exclusion is not ambiguous and bars coverage for underlying asbestos-related claims filed against the insured (General Refractories Company v. First State Insurance Co., et al., No. 15-3409, 3rd Cir.).



Expert Index
PLAINTIFF