- Volume 33, Issue #10
- Delaware Jury Hits Ford With $41.6M Asbestos Verdict
WILMINGTON, Del. - A Delaware jury on June 8 awarded a widow $40,625,000 in compensatory damages for her husband's fatal mesothelioma, finding Ford Motor Co. 20 percent liable and following the award up with $1 million in punitive damages (Larry Knecht, et al. v. Borg-Warner Corp., et al., No. N14C-08-164, Del. Super., New Castle Co.).
- Judge Denies Motions Of Both Parties After Dryer Felt Asbestos Verdict
SEATTLE - A federal judge in Washington on June 4 declined to re-evaluate a jury's damage award in a retrial of an asbestos case while also denying the defendant's challenges to experts, exposure, and causation (Geraldine Barabin v. Scapa Dryer Fabrics Inc., No. 07-1454, W.D. Wash.).
- Shipyard Wants Immediate En Banc Review Of Asbestos-Removal Standard Case
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals should consider immediate en banc review to once and for all conclude that the plain meaning of a 2011 amendment to the federal office removal statute covers asbestos-related negligence claims, a shipyard tells the court in a June 8 brief (Raymond Burkhart Jr. v. Hungtingon Ingalls Inc., et al., No. 18-30458, 5th Cir.).
- Shipbuilder: Previous Panels Didn't Address 2011 Federal Officer Amendment
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals never directly addressed whether the 2011 amendment broadening the federal officer removal statute brought asbestos claims alleging negligent failure to warn and failure to implement safety standards under federal jurisdiction, a shipbuilder argues in a May 31 brief (Melancon v. Lamorak Ins. Co., No. 18-30113, 5th Cir.).
- Iowa Supreme Court Orders Retrial Of $4 Million Asbestos Verdict
DES MOINES, Iowa - A $4 million asbestos verdict improperly built on closing arguments asking the jury to punish the defendant, so the case must be retried, the Iowa Supreme Court held June 1 (Shari Kinseth, et al. v. Weil-McLain Co., et al., No. 15-0943, Iowa App., 2018 Iowa Sup. LEXIS 59).
- Defective Asbestos Respirator Action May Proceed, Federal Judge Says
MADISON, Wis. - Evidence that 3M Co.'s internal testing of a respirator showed compliance problems, even while it was seeking an extension of approvals for use to filter asbestos, is sufficient to rebut the presumption that a product given the federal stamp of approval is not defective, a federal judge in Wisconsin held June 1 in denying summary judgment (Pamela Kilty, et al. v. Weyerhaeuser Co., et al., No. 16-515, Scott Spatz, et al. v. Weyerhaeuser Co., et al., No. 16-726, W.D. Wis., 2018 U.S. Dist. LEXIS 92931).
- Man: Asbestos Packaging Evidence Required Sending Failure-To-Warn Claim To Jury
WEST PALM BEACH, Fla. - A man's ability to recall an asbestos-containing brake box's design clearly indicates that he looked at the packaging and required sending failure-to-warn claims to a jury, a man tells a Florida appeals court in a June 14 reply brief (James W. Coates, et al. v. Honeywell International Inc., No. 4D17-1533, Fla. App., 4th Dist.).
- New York Justice Says Directive Not To Cut Asbestos Can't Free Company From Suit
NEW YORK - A telephone company's missive telling workers they should not cut asbestos-containing plates does not evidence compliance with the directive and is not enough alone to overcome evidence suggesting exposure from electrical work, a New York justice held in an opinion posted June 4 (Anne Marie Fahey, et al. v. ABB Inc., et al., No. 190231/2015, N.Y. Sup., New York Co.).
- Printing Press Company Can't Escape Man's Asbestos Suit
NEW YORK - An affidavit largely details the period after a man's alleged asbestos exposure and cannot free a printing press company from the lawsuit, a New York justice held in an opinion posted June 12 (Christine Capilets, et al. v. Aerco International, et al., No. 190060/2016, N.Y. Sup., New York Co., 2018 N.Y. Misc. LEXIS 2207).
- Pennsylvania Court Affirms Asbestos Testimony, Evidence Insufficiency Rulings
HARRISBURG, Pa. - A man cannot challenge exclusion of testimony after failing to properly complain of the issue on appeal and has not demonstrated error in a trial court's conclusion that evidence of exposure to asbestos was insufficient, a Pennsylvania appeals court held June 12 (Robert E. Eorio, et al. v. General Electric Co., et al., No. 1247 EDA 2017, Pa. Super., 2018 Pa. Super. Unpub. LEXIS 2036).
- California Court Considers Whether Workers' Comp Law Covers Household Asbestos Claim
OAKLAND, Calif. - A California appellate court is set to decide whether the state's workers' compensation law exclusivity provision bars an action alleging both pre-employment household asbestos exposure and later exposures experienced during employment with the same company (Allen Rudolph, et al. v. Rudolph And Sletten Inc., No. A152601, Calif. App., 1st Dist.).
- Judge: Weyerhaeuser Escapes Household, Environmental Asbestos Exposure Claims
MADISON, Wis. - A jury could not conclude from the presented evidence that household or environmental exposures to asbestos led to two individuals' mesotheliomas, a federal judge in Wisconsin held June 8 in granting a premises owner summary judgment (Pamela Kilty, et al. v. Weyerhaeuser Co., et al., No. 16-515, Scott Spatz, et al. v. Weyerhaeuser Co., et al., No. 16-726, W.D. Wis.).
- Magistrate Judge Says Allegations Fall Short Of Asbestos Conspiracy Claim
WILMINGTON, Del. - Nothing in late-added allegations supports the conclusion that Crane Co. conspired with the U.S. Navy to hide the dangers of asbestos, a federal magistrate judge in Delaware said June 6 in recommending judgment for the defendant (Marguerite MacQueen v. Warren Pumps LLC, et al., No. 13-831, D. Del., 2018 U.S. Dist. LEXIS 41749).
- Civil Conspiracy Claim In Asbestos Talcum Powder Case Fails, Federal Judge Says
GREENSBORO, N.C. - Generic allegations regarding joint conduct fall short of a civil conspiracy claim, but allegations that an individual talcum powder defendant willfully ignored the dangers of asbestos support a punitive damages claim, a federal judge in North Carolina held June 7 (Lloyd Bell, et al. v. American International Industries, et al., No. 17-111, M.D. N.C., 2018 U.S. Dist. LEXIS 96861).
- Justice: Auto Makers Must Answer Asbestos Plaintiff's Jurisdictional Discovery
NEW YORK - Two automakers did not file timely objections to an order requiring them to respond to jurisdictional discovery requests, but regardless, the motions are at least likely to produce admissible evidence, a New York justice held in an opinion posted June 12 and affirming a special master's ruling (In re: NYCAL, Yang-Ning Pi Chen, et al. v. Aerco International Inc., et al., No. 190133/2017, N.Y. Sup., New York Co., 2018 N.Y. Misc. LEXIS 2200).
- Ship Owners Fight Effort To Have 3rd Circuit Revive Maritime Asbestos Claims
PHILADELPHIA - A unique evidentiary situation sets three cases apart from others and warranted finding that asbestos maritime defendants had not waived personal jurisdiction defenses, ship owners tell the Third Circuit U.S. Court of Appeals in a June 6 appellee brief (William D. Schroeder, et al. v. Charles Kurz & Co. Inc., No. 17-3471, 3rd Cir.).
- Expert Index