Baron & Budd’s Russell W. Budd Wins Prestigious Harry Philo Award From AAJ

DALLAS - Russell W. Budd, shareholder and managing director of law firm Baron & Budd P.C., was awarded the prestigious Harry M. Philo Award Trial Lawyer of the Year Award from the American Association for Justice (AAJ). The award was presented in recognition of his leadership in protecting the rights...

Texas High Court: Crown Cork Statute's Application To Pending Asbestos Cases Unconstitutional

AUSTIN, Texas -- (Mealey's) The statute shielding Crown Cork & Seal Co. from successor liability in asbestos cases violates Texas Constitution Article I, Section 16's prohibition on retroactive laws when applied to pending cases, a divided Texas Supreme Court held Oct. 22 ( Barbara Robinson...

Lanier Law Firm Expands Los Angeles Office With Latest Additions

LOS ANGELES - The Lanier Law Firm is expanding the firm's Toxic Exposure and Asbestos practice and adding two attorneys to the firm's recently expanded Los Angeles office. Trey Jones and Alexandra Shef have joined the firm in Los Angeles, where they will focus on mesothelioma and asbestos...

Illinois Jury Returns $89.6 Million Asbestos Verdict

BLOOMINGTON, Ill. -- An Illinois jury on March 11 returned an $89.6 million verdict against four defendants after finding that three of them conspired to conceal the dangers of asbestos and that one negligently exposed a man to the asbestos that caused his mesothelioma, sources told Mealey Publications...

Virginia Jury Returns $25 Million Verdict Against Exxon Mobil

NEWPORT NEWS, Va. - (Mealey's) A Virginia jury on March 17 returned a $25 million verdict for a man exposed to asbestos while repairing Exxon Mobil Corp. ships at Newport News Shipbuilding, sources told Mealey Publications ( Bert Minton v. Exxon Mobil Corp. , No. CL0901505F-15, Va. Cir., Newport...

American Association For Justice Announces Gary M. Paul As President For 2011-2012

WASHINGTON, D.C. - Gary M. Paul was announced as the new president of the American Association for Justice (AAJ) at their annual convention in New York City. Paul will lead AAJ in its continued mission to protect the legal rights of Americans when they are injured by negligence or misconduct, even...

New York Jury Awards $51 Million In 2 Asbestos Mesothelioma Trials

NEW YORK - (Mealey's) A New York state jury on Aug. 17 awarded verdicts of $32 million and $19 million to two mesothelioma plaintiffs ( Ronald Dummitt, et al. v. A.W. Chesterton, et al. , No. 190196/2010, and David Konstantin, et al. v. 630 Third Avenue Associates, et al. , No. 090134/2010, N.Y....

California Top Court: Manufacturers Not Liable For Third-Party Asbestos Products

SAN FRANCISCO - (Mealey's) A manufacturer may not be held strictly liable or negligent for harm caused by another manufacturer's asbestos-containing product except where the defendant bears some direct responsibility for the resulting harm, the California Supreme Court held Jan. 12 in rejecting...

Duane Morris Alerts and Updates. 2-Disease Rule No More: Pennsylvania Allows Multiple Malignancy Claims

In a decision that impacts all asbestos defendants, the Pennsylvania Supreme Court held that the so-called "two-disease" rule allows plaintiffs in asbestos cases to file multiple malignancy claims. The state Supreme Court affirmed the Pennsylvania Superior Court's decision in Daley v. A...

U.S. Supreme Court: Locomotive Act Preempts State Law Asbestos Claims

WASHINGTON, D.C. - (Mealey's) The Locomotive Inspection Act (LIA) preempts state law design defect and failure-to-warn claims involving exposure to asbestos during repairs and maintenance, a divided U.S. Supreme Court held Feb. 29 ( Gloria Gail Kurns, et al. v. Railroad Friction Products Corp. and...

Epstein Becker & Green: U.S. Supreme Court Rules Asbestos Claim Preempted

Guest Blogger Nicolas S. Allison is an Associate in Epstein Becker & Green's Asbestos Group in New York. A graduate of Princeton University and Boston University Law School, in addition to his mass tort asbestos work, Nick also represents firm clients in a wide variety of industries, including...

U.K. Supreme Court Dismisses Insurers' Appeals In Trigger Issue Action

LONDON - (Mealey's) In a landmark majority decision, the United Kingdom Supreme Court on March 28 overturned a split ruling on what constituted the "trigger" for an insurer's liability to indemnify an insured, finding that an insurer's obligation to indemnify an employer for mesothelioma...

William A. Ruskin: Contradictory Testimony No Basis For Denial Of Summary Judgment

By William A. Ruskin All too often, a defendant in a toxic tort case loses a motion for summary judgment because the court determines that imprecise witness testimony creates a triable issue of fact that warrants denial of the motion. Indeed, it is the rule in California that the task of deciphering...

Pennsylvania High Court Rejects 'Any Exposure' To Asbestos Causation Theory

HARRISBURG, Pa. - (Mealey's) An expert's testimony that "any exposure" to asbestos substantially contributes to mesothelioma irreparably conflicts with his testimony that mesothelioma is a dose-response disease, the Pennsylvania Supreme Court held May 23 in finding that a judge properly...

Virginia Top Court Adopts 'Multiple-Sufficient Causes' Analysis

CHARLOTTESVILLE, Va. - (Mealey's) Mesothelioma plaintiffs must show asbestos exposure from a defendant's product sufficient to give rise to the disease, the Virginia Supreme Court held Jan. 10 ( Honeywell International Inc. v. Walter E. Boomer, administrator , No. 120299, Va. Sup.). The...

Delaware Federal Judge Grants Debtor Access To Asbestos Claimant Information

WILMINGTON, Del. - (Mealey's) A Delaware federal judge on March 1 ruled that Chapter 11 debtor Garlock Sealing Technologies LLC can obtain documents filed by asbestos claimants' attorneys in nine other asbestos-related bankruptcy cases, finding that a bankruptcy judge erred and abused her discretion...

N.Y. Jury Awards $190 Million To Plaintiffs In 5 Asbestos Cases Consolidated For Trial

NEW YORK — (Mealey’s) A New York County jury on July 23 awarded $190 million to plaintiffs in five asbestos cases consolidated for trial, sources told Mealey Publications ( Santo Assenzio v. A.O. Smith Water Products , Robert Brunck v A.O. Smith Water Products , Paul Levy v. A.O. Smith Water...

Expert’s ‘Each Exposure’ Testimony Not Novel, Maryland Top Court Says

BALTIMORE — (Mealey’s) Expert testimony that each exposure to chrysotile asbestos increased a woman’s risk of mesothelioma is not a novel scientific theory given the levels of exposure at issue, Maryland’s top court held July 25 ( Bernard Dixon, et al. v. Ford Motor Co. , No....

Asbestos Litigation, Attorney Advertising & Bankruptcy Trusts: The Economic Incentives Behind The New Recruitment Of Lung Cancer Cases

By Marc C. Scarcella, Peter R. Kelso, and Joseph Cagnoli, Jr. [Editor's Note: Marc C. Scarcella and Peter R. Kelso, Managers at the Washington, D.C., office of Bates White Economic Consulting. Joseph Cagnoli, Jr., Shareholder in the Philadelphia office of Segal McCambridge Singer & Mahoney...

Pennsylvania Supreme Court: Common Law Claims Against Employers Allowed For Latent Occupational Diseases

By Richard I. Nemeroff and R. Scott Marshall [Editor's Note: Mr. Nemeroff is the principal of The Nemeroff Law Firm, P.C., with offices in Dallas, TX, Houston, TX, Pittsburgh, PA, and New Orleans, LA and focuses his firm's practice on asbestos, pharmaceutical and catastrophic personal injury...

Bankruptcy Judge: Plaintiffs, Lawyers Covered Up Evidence In Garlock Mesothelioma Cases

CHARLOTTE, N.C. —(Mealey’s) Chapter 11 debtor Garlock Sealing Technologies LLC’s total estimated liability for present and future mesothelioma claims is only $125 million, not $1.2 billion as asbestos personal injury claimants argued, because Garlock’s history of settling mesothelioma...

A Third Wave In Asbestos Liabilities Lies Ahead: Actuarial Models Are Systematically Underestimating Exposures

By Bill Wilt and Alan Zimmermann | [Editor's Note: Bill Wilt, President of Assured Research, has had diverse roles in insurance including actuary, research analyst, and corporate development executive. Since founding Assured Research in 2011 the firm has focused on providing actionable research...

N.J. Judge Awards $90.5M In Asbestos-Related Damages After Default In 11 Cases Against International Companies

NEW BRUNSWICK, N.J. — (Mealey’s) A New Jersey judge on July 2 awarded $90.5 million in asbestos-related damages against Eternit successors Anova Holding AG and Becon AG after awarding default judgments against the international companies, sources told Mealey Publications ( Tuturice v. Anova...

Duane Morris LLP: Pa. Superior Court Confirms Statutory Right of Repose for Improvements to Real Estate in Asbestos Cases

The Pennsylvania Superior Court reversed a jury verdict in favor of plaintiffs in an asbestos mesothelioma case, finding that the 12-year statute of repose bars all claims related to improvements constructed on real estate brought beyond the statutory period pursuant to 42 Pa. Cons. Stat. Ann. §...

Bostic v. Georgia-Pacific: The Texas Supreme Court Extends And Refines Substantial Factor Causation In Asbestos Litigation

By Patrice Pujol and Laura A. Frase [Editor's Note: Patrice Pujol is an appellate and litigation attorney in the Houston Office of Forman Perry Watkins Krutz & Tardy, LLP. Laura A. Frase is a litigation partner in the Dallas Office of Forman Perry Watkins Krutz & Tardy, LLP. Both authors...