Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Jury selection has been completed and trial testimony is ongoing in the corruption trial against State Assembly Speaker Sheldon Silver. Prosecutors allege, among other things, that Silver, who had previously been on the payroll at Weitz & Luxenberg, funneled state funds to Dr. Robert Taub of Columbia University for cancer research in exchange for referrals … Continued
On November 10, 2015, the Illinois First District Appellate Court affirmed the circuit court’s holding that a legal malpractice suit was brought too late to continue, regardless of how the calendar of events was viewed. Originally, Vernon and John Q. Nelson had filed a wrongful death suit due to asbestos exposure in 2005, in which … Continued
In a Middle District of Florida lawsuit, the defendants sought to dismiss an eight-count indictment alleging violations of various work practice standards involving regulated asbestos containing material (RACM). In their motion to dismiss, the defendants argued that the government failed to allege an essential element of the offense, that essential facts of the offense were … Continued
On Monday, November 2, 2015, Toyota Australia brought suit in the Australian Federal Court against several distributors of counterfeit brake pads that contain asbestos. According to reports, thousands of fake brake pads have been imported into Australia illegally. Currently, Toyota is taking steps in an effort to prevent these suppliers from selling more of these … Continued
On October 19, 2015, Oregon environmental regulators invited two dozen asbestos experts to a meeting in an effort to determine the best way to implement a new law that would require contractors to investigate for asbestos when demolishing a house. The group, however, went far beyond the scope of this approved legislation, determining that contractors … Continued
In Britain, the All-Party Parliamentary Group on Occupational Safety and Health (“the Group”) is demanding legislation that will work to completely eliminate asbestos from buildings in the UK. The Group wants to put regulations in place that will require the safe, phased, and planned removal of asbestos in every workplace in Britain. It also wants … Continued
On October 7, 2015, the High Court of Australia dismissed the appeal of a negligent employer and held that where the contraction of mesothelioma was an inevitable result of asbestos exposure, the cause of action accrues shortly after the initial exposure as opposed to when the symptoms manifest. This ruling came from a case in which … Continued
Good news has come out of Boston for veterans suffering from mesothelioma. Thoracic surgeon Dr. Abraham Lebenthal recently performed the first intraoperative heated chemotherapy procedure for a VA patient with malignant pleural mesothelioma, a procedure that should aid in this hard-fought battle against this cancer. As Lebenthal said in an interview, “[f]or some veterans, it … Continued
On Monday, October 5, 2015 a Swiss Re insurer filed suit in a California federal court claiming that a law firm billed $3 million extra in several asbestos lawsuits. Initially, Westport Insurance Corp. launched an investigation into Vasquez Estrada & Conway LLP’s billing practices after it became suspicious of a firm partner’s estimates for defending … Continued
U.S. District Judge Graham Mullen affirmed a previous judge’s refusal to quash subpoenas issued by Garlock Sealing Technologies to 29 law firms, including Baron & Budd, Brayton Purcell, and Williams Kherker Hart Boundas. Garlock argued that the client records sought from these firms could help establish a pattern of racketeering by Belluck & Fox. Though … Continued