Asbestos Case Tracker Archives

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October 20, 2015 • Case Decisions, Federal Officer Jurisdiction, Louisiana

Merchant Mariner Plaintiffs’ Allegations Focusing on Vessel Operation — Instead of Vessel Design — Prohibited Removal Under Federal Officer Removal Statute

This is a consolidated case in which various plaintiffs alleged asbestos exposure while working as merchant mariners aboard many different vessels and employers. Each plaintiff also served on at least one Navy ship. The plaintiffs sued their former employers in Louisiana state court under the Jones Act and general maritime law. The defendants removed to … Continued

October 20, 2015 • Significant Verdicts

Jury Returns Defense Verdict for John Crane, But Awards $14 million against Celanese

On October 8, 2015, a South Carolina jury found Texas-based materials company Celanese Corp. liable in a lawsuit brought by the family of a maintenance worker who died of cancer after being exposed to asbestos at one of Celanese’s plants in the 1970s. After two weeks of trial, the jury unanimously awarded the family of … Continued

October 20, 2015 • Other Asbestos News

Experts Deem New Legislation in Oregon Insufficient, Call for Stricter Asbestos Rules

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

October 20, 2015 • Significant Verdicts

California Jury Returns Complete Defense Verdict in Mesothelioma Claim

On October 7, 2015, the Alameda County Superior Court in California found in favor of defendant John Crane Inc. in an asbestos exposure lawsuit. The plaintiff, James Harkin, had asserted that his mesothelioma was caused by exposure to asbestos from valve packing manufactured by John Crane Inc. and brought several asbestos-related product liability claims. He … Continued

October 20, 2015 • Other Asbestos News

UK Parliamentary Group Declares Final War on Asbestos, Calls for Complete and Accelerated Eradication

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

October 19, 2015 • Asbestos Litigation Analysis

A Call for an Evidence Based Approach in Asbestos Lung Cancer Cases: Better Late Than Never?

My friend and colleague Laura Kingsley Hong recently authored an article entitled “Controversies Regarding The Role of Asbestos Exposure in the Causation of Lung Cancer: The Need for An Evidence Based Approach,” which appeared in Mealey’s Litigation Report. Ms. Hong’s commentary ties together current medicolegal concepts that are applied in virtually every scientifically-based litigation to … Continued

October 16, 2015 • California, Case Decisions, Pleadings Challenge

Federal Court Remands Action Based on Equity Even Though Removal Was Proper on Bankruptcy Issue

In this federal court case, the plaintiffs commenced an action against various defendants for the alleged asbestos exposure and development of mesothelioma for decedent, George Fenicle. Following decedent’s death, plaintiffs amended their complaint to name Boise Cascade Company and OfficeMax (“Defendants”). The defendants subsequently removed the matter to federal court under 28 U.S.C. 1441, for … Continued

October 16, 2015 • Bankruptcy Trusts, Case Decisions

Claim Representatives For Filing Bankruptcy Trust Claims Have No Standing To Sue Bankruptcy Trusts For Suspending Claims

Plaintiff Mandelbrot Law Firm specialized in preparing and filing asbestos personal injury claims to various bankruptcy trusts. In 2002, one such trust, the Delaware Trusts, suspended all payment of claims from claimants who the plaintiff represented, due to proceedings in California regarding allegedly fraudulent claims filed by the plaintiff. The plaintiff then filed this declaratory … Continued

October 16, 2015 • Other Asbestos News

The High Court Down Under Allows Earlier Cause of Action Accrual in Lawsuits Claiming Inevitable Onset of Mesothelioma

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

October 16, 2015 • Other Asbestos News

Thoracic Surgeon Provides Heated Chemo, Hope for Veterans With Pleural Mesothelioma

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