Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In the world of asbestos, the predominant claim against defendants is that they should have warned against the dangers of asbestos. Typically, plaintiffs prove exposure to a product, absence of any warning (or an adequate warning) and damages. The jury verdict sheet simply reads something like, “Was defendant negligent in manufacturing, selling or supplying a …
The plaintiffs sued various defendants for negligence, strict liability, and loss of consortium after the plaintiff developed mesothelioma; his widow continued the suit after he passed. The case was removed to federal court based on 28 U.S.C. Section 1442, the federal officer statute. The remaining defendants – Georgia Pacific, IMO Industries, Crane Company, John Crane, …
On November 18, 2015, a jury in California Superior Court for Alameda County awarded a near $7 million verdict against Union Pacific Railroad in a FELA case following a six week trial. The court had previously determined that $451,265.00 was the amount of economic damages. $6.5 million was awarded by the jury for non-economic loss …
In this federal court case, the plaintiff appealed the district court’s granting of summary judgment to defendants ABB, Schneider Electric, and Eaton. The court of appeals vacated the district court’s decision and remanded the case. In it’s ruling, the court noted: “In order to prevail in products liability cases, a plaintiff must establish, at minimum, (1) …
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 …
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 …
In this NYCAL case, a June 23, 2014 order denied defendant Cleaver-Brooks’ motion to vacate a November 9, 2013 order of the Special Master directing the production of “all its commercial files, all other relevant documents and records, and its index card database.” The order also denied Cleaver-Brook’s application for a confidentiality order and cost …
In these federal court cases there were several motions brought forward, including a motion by the plaintiff to substitute the estate and file a third amended complaint following the death of the decedent, defendant 3M’s motion to preclude the plaintiff’s expert Dr. Arnold Brody, and defendant Weyerhaeuser’s Daubert motion regarding the plaintiff’s experts Frank M. …
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 …
The plaintiff and his wife commenced this action in Louisiana state court, alleging that his mesothelioma was caused by his exposure to several asbestos-containing products, including products supplied by various Louisiana companies. At the time of commencement, diversity jurisdiction did not exist and the action was therefore not removable to federal court. Several defendants settled, …