- Volume 12, Issue #4
- English Court Affirms Dismissal Of Dockworker's Asbestos Case As Time-Barred
LONDON - An England and Wales appeals court on May 23 affirmed a trial judge's decision to dismiss an asbestos-related lawsuit filed by a former London dock worker against his former employers, finding that the action was time-barred (George Collins v. Secretary of State for Business Innovation and Skills, et al., No. $(2014$) EWCA Civ 717, England and Wales App.; See May 2013, Page 4).
- Australian Court Finds Estate's Asbestos-Compensation Claims Are Not Time-Barred
BRISBANE, Australia - An Australian court on June 6 allowed an appeal of a decision that compensation claims by the estate of a man who died of mesothelioma were time-barred, finding that the estate had a right to action for personal injury (Hall v. WorkCover Queensland, No. $(2014$) QCA 135, Queensland App.).
- English Court Overturns Finding Of Asbestos-Related Liability For Parent Company
LONDON - An England and Wales appeals court on May 13 allowed a company's appeal of a decision, which found that as a parent company, it owed a former laborer a duty of care in relation to his asbestos exposure at work, finding that the evidence relied on by the trial court was too limited to impose a duty of care on the company (David Thompson v. The Renwick Group plc, No. $(2014$) EWCA Civ 635, England and Wales App.).
- Canadian Commission Finds Pipefitter Is Entitled To Compensation For Asbestosis
HALIFAX, Nova Scotia - A Canadian commissioner on May 28 reversed a board's decision to deny a former pipefitter compensation, finding that based on the medical evidence, the worker has asbestosis caused by occupational exposure to asbestos (No. 2013-544-AD, Nova Scotia Wrks. Comp. App. Trib.).
- Australian Court Refuses Appeal Of Decision Deeming Contaminated Property Safe
SYDNEY, Australia - An Australian appeals court on May 30 dismissed an application to appeal a decision that denied an application to stay a judgment that deemed a property safe and ordered a tenant to return to it, finding no issue of public importance in the proposed appeal (El-Saeidy v NSW Land & Housing Corporation, $(No. 2014$) NSWCA 172, New South Wales Sup.; See March 2014, Page 8).
- English Court Fines Company 151,000 Pounds For Ignoring Asbestos
LONDON - The United Kingdom Health and Safety Executive on May 27 announced that a company was fined by an English magistrates' court for exposing workers to asbestos during a school building demolition.
- English Court Fines Supervisor For Unsafe Asbestos Work At School
LONDON - The United Kingdom Health and Safety Executive (HSE) on May 20 announced that a supervisor in charge of removing asbestos from a boiler at a school was fined by an English magistrates' court for exposing himself to asbestos.
- English Court Fines, Sentences Contractor For Providing Asbestos Roofing
LONDON - The United Kingdom Health and Safety Executive (HSE) on June 4 announced that a company director was fined and sentenced to prison by an English crown court for illegally supplying roof panels that contained asbestos.
- English Court Fines Contractor For Exposing Homeowners To Asbestos
LONDON - The United Kingdom Health and Safety Executive (HSE) on May 20 said an English magistrates' court fined a building contractor after it exposed workers and homeowners to asbestos.
- Australia Court Fines Inspection Company For Failing To Identify Asbestos
PERTH, Australia - A division of the Department of Commerce for Western Australia on May 22 announced that a company was fined by an Australian magistrates' court for failing to identify asbestos at a worksite.
- Actuary Values James Hardie's Asbestos Liabilities At $1.87 Billion
DUBLIN, Ireland - James Hardie on May 22 released an actuary report valuing the asbestos-related liabilities of its former subsidiaries, which indicates an increase in future mesothelioma claims.
- 100th Council In New South Wales Participates In Asbestos Training
SYDNEY, Australia - The Local Government of New South Wales (NSW) on June 9 announced that the 100th local council has undertaken asbestos management training.
- 5th Circuit Upholds Enhanced Fees In ASARCO Proceedings
NEW ORLEANS - Fee enhancements were properly awarded to two law firms that represented ASARCO LLC in its reorganization process, the Fifth Circuit U.S. Court of Appeals ruled April 30 (In re: ASARCO LLC, et al., No. 05-21207, S.D. Texas Bkcy. $(ASARCO LLC v. Jordan Hyden Womble Culbreth & Holzer P.C., 5th Cir., No. 12-40997, ASARCO v. Baker Botts, 5th Cir., No. 12-40998$)).
- Relief From Stay Properly Denied By Bankruptcy Judge, Flintkote Tells District Court
WILMINGTON, Del. - The U.S. Bankruptcy Court for the District of Delaware did not err in refusing to lift the automatic stay to allow a New Jersey property owner to pursue environmental claims in state court, Flintkote Co. argues in a brief filed May 2 with the U.S. District Court for the District of Delaware (In re: The Flintkote Co., et al., No. 04-11300, D. Del. Bkcy.; 8 E. Frederick Place LLC v. The Flintkote Co. et al., D. Del., No. 12-1176).
- New York Jury Awards $11M In Mesothelioma Case; Ford 49 Percent Liable
NEW YORK - A New York jury on May 27 awarded a widow $11 million and held Ford Motor Co. 49 percent liable for her husband's death from mesothelioma caused by exposure to asbestos in automotive products, sources told Mealey Publications (Arthur H. Juni Jr. and Mary Juni v. A.O. Smith Water Products Co., et al., No. 190315/12, N.Y. Sup., New York Co.).
- California Jury Awards $7.4M, Adds $3.5M In Punitives, In Asbestos-Brakes Case
FRESNO, Calif. - A California jury on May 27 awarded the family of a man felled by an asbestos-related disease $7,438,500 plus $3.5 in punitive damages and held sole remaining defendant Honeywell International Inc. 30 percent liable, sources told Mealey Publications (James Phillips v. Amcord Inc., et al., No. 12CECG04055, Calif. Super., Fresno Co.).
- Defendant Tells Top Court To Reject Petition In Expert-Witness Case
WASHINGTON, D.C. - A judge's failure to perform his expert-witness gate-keeping function combined with a "sparse" record conspire to create a case so rare it is unlikely to be replicated and does not require review by the U.S. Supreme Court, a defendant in an asbestos action argues May 19 (Henry and Geraldine Barabin v. AstenJohnson Inc. and Scapa Dryer Fabrics Inc., Nos. 13-1252, U.S. Sup.).