http://www.lexisnexis.com/mealeys/news.aspx Headline International Asbestos Liability Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2013 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%201%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SYDNEY, Australia - An Australian appeals court on June 3 vacated a $1,318,506.24 verdict awarded to a former public transportation worker for his mesothelioma, allowing an appeal filed by the State of New South Wales in relation to certain damages that were awarded for gratuitous domestic services he provided to family members (State of New South Wales v Perez, $(2013$) NSWCA 149, New South Wales App.; See March 2013, page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%202%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LONDON - After finding that there was not sufficient evidence to prove that a woman's mesothelioma was caused by exposure to asbestos that came from a demolition site next to a playground that she played at as a child, an England and Wales justice on June 13 dismissed her claim for damages against a local council and a contractor (Penelope Garner v. Salford City Council, et al., No. $(2013$) EWHC 1573 $(QB$), England and Wales High, QBD). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%203%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' TORONTO - A Canadian appeals court on June 13 dismissed an appeal of a decision that found that Goodyear Canada Inc. had no insurance coverage available to it for asbestos-related personal injury claims filed against it in the United States after 1985, finding that the language in the disputed policies was not ambiguous (Goodyear Canada Inc. v. American International Companies $(American Home Assurance Company$), 2013 ONCA 395, Ontario App.; See October 2012, page 5). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%204%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SYDNEY, Australia - After finding that the owners of a property failed to show that various companies and people they hired had delivered and dumped asbestos-contaminated material on two of their properties, an Australia court on June 7 rejected an appeal of a ruling that denied their claims and dismissed their case (Galea v Farrugia, No. $(2013$) NSWCA 164, New South Wales App.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%205%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' HALIFAX, Nova Scotia - A Canadian commissioner on May 29 rejected a widow's appeal of a decision that refused to award her survivor benefits in relation to her husband's death, finding that the former boilermaker's asbestosis did not contribute to his death to a material degree (No. 2010-454-AD, 2013 CanLII 30439 $(NS WCAT$), Nova Scotia Wrks. Comp. App.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%206%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CALGARY, Alberta - A Canadian appeals commission on April 30 dismissed an estate's appeal, finding that asbestos exposure did not contribute to a worker's development of lung cancer or his death (Decision No. 2013-0358, No. AC0624-12-82, Alberta Wrks. Comp. App. Comm.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%207%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CANBERRA, Australia - The Australian minister for Employment and Workplace Relations on June 7 announced the launch of Australia's first national asbestos exposure register. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%208%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LONDON - The National Institute of Economic and Social Research (NIES) on April 23 released the results of a study on the average levels of compensation for mesothelioma in the United Kingdom. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%209%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LONDON - A United Kingdom committee on carcinogenicity on June 7 released the results of its study on the relative vulnerability of children to asbestos compared to adults. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2010%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' DALLAS - A law firm that specializes in mesothelioma claims on May 20 announced that a recent study in China has found an effective non-invasive treatment for easing pleural effusion. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2011%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CANBERRA, Australia - The Australian Minister for Employment and Workplace Relations on May 29 announced that he has directed an asbestos safety office to coordinate a national response in relation to recent instances of asbestos exposure. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2012%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SYDNEY, Australia - Telstra on May 30 announced that it will begin implementing various initiatives to strengthen its asbestos management. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2013%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - Sufficient evidence of two foreign entities' conduct in New York or control by parent entity Ford Motor Co. exists to warrant further jurisdictional discovery, a New York justice held May 17 (Raymond Finerty and Mary Finerty v. Abex Corp., et al., No. 190187/10, N.Y. Sup., New York Co.; 2013 N.Y. Misc. LEXIS 2119). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2014%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A company's brokering of sales between South African asbestos mines and Johns Manville Corp., after which some of the fibers ended up in Louisiana, does not give the state personal jurisdiction, a state appeals panel held May 30 (John S. Jacobsen Jr. v. Asbestos Corp. Limited, et al., No. 12-CA-655, La. App., 5th Cir.; 2013 La. App. LEXIS 1066). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2015%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' PITTSBURGH - A Pennsylvania federal bankruptcy judge on May 24 issued final decrees closing the Chapter 11 cases of refractory products manufacturers Global Industrial Technologies Inc. (GIT) and North American Refractories Co. (NARCO) and 28 affiliates (In re: Global Industrial Technologies, Inc., et al., No. 02-21626, and In re: North American Refractories Co., et al., W.D. Pa. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2016%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SYDNEY, Australia - James Hardie on May 23 announced its fourth-quarter and full-year results, including a $30.7 million net operating profit. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2017%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - Former joint compound producer Bondex International Inc. and its related holding company Specialty Products Holding Corp. face an estimated $1.16 billion in pending and future asbestos personal injury claims, about double what the companies estimate their asbestos liabilities at, a federal bankruptcy judge in Delaware overseeing the companies' joint Chapter 11 case ruled May 20 (In re: Specialty Products Holding Corp., et al., No. 10-11780, D. Del. Bkcy.; 2013 Bankr. LEXIS 2051). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2018%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - Reorganized Thorpe Insulation Co.'s Chapter 11 plan of reorganization, revised to reflect settlements reached on remand with all of the remaining insurance companies objecting to the plan, received confirmation again May 8 from a California federal bankruptcy judge, who said that once the plan is effective, the last appeals to the case in the Ninth Circuit U.S. Court of Appeals will be withdrawn (In re Thorpe Insulation Co., No. 2:07-bk-19271, C.D. Calif. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2019%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - A federal appeals panel on May 31affirmed the dismissal with prejudice of 12 asbestos multidistrict litigation cases for failure to comply with a court order requiring a history of the plaintiffs' asbestos exposure (In Re: Asbestos Products Liability Litigation $(No. VI$)), Nos. 12-2061, 12-2063-2072, 12-3082, 3rd Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-4%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2020%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 24 consolidated numerous appeals by Illinois plaintiffs challenging denial of their motions to perpetuate co-worker testimony for trial purposes into two groups and asked for briefing on whether the rulings are appealable (Merle D. Wilson v. AC and S Inc., et al., Dennis N. Larweth v. AC and S Inc., et al., Clarissa Collins v. AC and S Inc., et al., Doyle v. AC and S Inc., et al.; and Sharpe/Percy v. AC and S Inc., et al., Holme v. AC and S Inc., et al., Peitrzycki v. AC and S Inc., et al., Ahnert v. AC and S Inc., et al., Nos. 13-2087, 13-2088, 13-2089, 13-2090; Nos. 13-1999, 13-2000, 13-2001, 13-2002, 3rd Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%201%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LONDON - An England and Wales judge on May 2 dismissed a lawsuit filed by a former London dock worker, who alleged that his lung cancer was caused by asbestos exposure at work, finding that the action was time-barred and that granting an extension would prejudice the defendants (George Collins v. Secretary of State for Business Innovation and Skills, et al., No. $(2013$) EWHC 1117 $(QB$), England and Wales High, QBD). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%202%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' STELLARTON, Nova Scotia - A Canadian commissioner on April 25 affirmed a board's decision to deny a former crane driver's claim for compensation, finding no evidence that asbestos and other occupational exposures caused his lung condition (2013-40-AD, Nova Scotia Comp. App. Trib.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%203%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SYDNEY, Australia - An Australian court on May 9 dismissed a property owner's appeal of a decision that awarded a local council damages in relation to money it spent remediating his property, finding that he failed to show that an order permitting the remediation was not valid and that the property did not contain asbestos (McNeil v Narrabri Shire Council, No. $(2013$) NSWCA 112, New South Wales App.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%204%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' BURNIE, Tasmania - A Tasmanian magistrate judge on April 3 ruled that a public prosecutor proved a charge against a property owner, finding that the man undertook improper asbestos removal in violation of health and safety regulations (Williams v Duffy ($(2013$) TASMC 12, Tasmania Mag.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%205%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CORPUS CHRISTI, Texas - A Texas appeals court on April 18 reversed a decision that granted a Mexican mining company's request for special appearance and dismissed it from an action filed by an insurer that sought indemnification under a settlement in an adversary case seeking release of coverage for asbestos claims, ruling that the materiality and purpose of the discovery sought weighed in favor of finding an abuse of discretion in denying a continuance for the insurer (Mt. McKinley Insurance Company, et al. v. Grupo Mexico S.A.B. De C.V., No. 13-12-00347, Texas App., 13th Dist.; 2013 Tex. App. LEXIS 4804). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%206%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LONDON - The United Kingdom Health and Safety Executive on May 15 announced that an English court had fined a decorating company for exposing employees, staff and the public to asbestos. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%207%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LONDON - The United Kingdom Health and Safety Executive (HSE) on May 13 announced that an English magistrates' court fined a plumber after he potentially exposed his son and a family to asbestos. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%208%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' BELFAST, Northern Ireland - The Health and Safety Executive of Northern Ireland (HSENI) on March 11 announced that a crown court has fined a health and social care trust for various asbestos-related violations. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%209%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' BELFAST, Northern Ireland - The Health and Safety Executive of Northern Ireland (HSENI) on March 14 announced that a construction firm was fined by a Northern Ireland crown court for breaching health and safety laws. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2010%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - New Chapter 11 debtor Yarway Corp. filed an adversary complaint May 6 in Delaware federal bankruptcy court seeking to halt hundreds of asbestos personal injury actions filed against Swiss parent Tyco International Ltd. and other nondebtor affiliates (In re: Yarway Corporation, No. 13-11025 $(Yarway Corporation v. Those Parties Listed on Appendix A to Complaint, et al., No. 13-51040$), D. Del. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2011%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CANBERRA, Australia - The Australian minister for Employment and Workplace Relations, Financial Services and Superannuation on May 3 announced that he met with members of the Select Council on Workplace Relations regarding a proposed asbestos awareness plan. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2012%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LONDON - In a speech given to the Parliament of the United Kingdom on May 8, the queen announced the creation of a new a bill that will provide compensation for those suffering from mesothelioma. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2013%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' REGINA, Saskatchewan - The Province of Saskatchewan on April 18 announced that it proposing legislation that will require mandatory reporting for all public buildings that contain asbestos. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2014%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - Yarway Corp., a former Pennsylvania company that manufactured pipe clamps, steam traps, valves and controls, filed for Chapter 11 protection April 22 in Delaware federal bankruptcy court due to thousands of asbestos personal injury claims combined with the depletion of insurance assets to pay the claims (In re: Yarway Corporation, No. 13-11025, D. Del. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2015%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - The former parent of Chapter 11 debtor The Flintkote Co. is not concerned about asbestos personal injury claimants and is objecting to Flintkote's plan of reorganization merely to use the bankruptcy case to its own litigation advantage, Flintkote says in an April 29 brief in the former parent's Delaware federal court appeal of the plan's confirmation (In re: The Flintkote Co., et al. $(Imperial Tobacco Canada Limited, et al. v. The Flintkote Company, et al., No. 13-227, D. Del.$)). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2016%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A New York steamship and maritime company that is a defendant in 28 cases in a multidistrict asbestos litigation filed a notice April 16 in a Pennsylvania federal court that it has filed a voluntary Chapter 7 petition in New York federal bankruptcy court (In re: Asbestos Products Liability Litigation $(No. VI$), MDL No. 02-875, E.D. Pa.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2017%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - A federal bankruptcy judge in Delaware on March 29 closed the 11-year-old Chapter 11 case of aluminum manufacturer Kaiser Aluminum that was prompted in part by hundreds of thousands of asbestos personal injury claims (In re Kaiser Aluminum Corporation, et al., No. 02-10429, D. Del. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2018%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CORPUS CHRISTI, Texas - A Texas federal judge on March 26 affirmed a $9.49 million fee award to a law firm that worked for ASARCO LLC in the company's Chapter 11 case. The award includes $5.2 million for defending the fee request for the firm's work on a multibillion-dollar fraudulent conveyance case that provides "an abundance of evidence" to support the additional fees, the judge held (In re: ASARCO LLC, et al. $(ASARCO LLC v. Baker Botts, LLP, No. 12-318, S.D. Texas$)). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2019%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' OKLAHOMA CITY - Oklahoma Gov. Mary Fallin on May 7 signed legislation requiring asbestos claimants to disclose claims submitted to asbestos bankruptcy trust fund claims within 90 days of filing an action and 180 days before trial date. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2020%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' DALLAS - The Texas Senate on May 8 passed legislation dismissing asbestos claims supported by inadequate medical reports. The bill now heads to the governor. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-3%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2021%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' By Sylvie Gallage-Alwis and Constance Tilliard In a decision dated 28 February 2013 1, the French Supreme Court has clearly recalled that any loss asserted by a person having experienced an occupational accident or having developed an illness recognised as having an occupational nature must be proven and cannot be compensated twice. It thus notably refused to compensate a merely alleged loss of amenity that was not proven. This welcome decision could suggest that the case law relating to gross negligence is becoming more lenient towards employers. Yet, one can easily understand that this is not the case when looking at the developments that preceded this decision. Indeed, this decision could only represent a reprieve for the concerned companies. Indeed, if the decision of 28 February 2013 enables the employer to attempt to reduce the amount of damages it may be ordered to pay, it is now nearly entirely unarmed regarding the acknowledgment of its gross negligence and its relationship with the Health Insurance Funds. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%201%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SYDNEY, Australia - An Australian judge on Feb. 20 denied a cross-claim filed by a building company that sought damages in the amount of a verdict awarded to a former employee with mesothelioma, finding that the company failed to show that a cross-defendant's asbestos products were used at its work sites ($(Re: Norman Greensitt$)) Jengro Limited v Seltsam Limited, $(2013$) NSWDDT 2, New South Wales DDT). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%202%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SYDNEY, Australia - An Australian environmental justice on April 4 granted a motion for contempt of a court order filed by the Environment Protection Authority (EPA), ordering a transport business operator to serve jail time for failing to comply with an order that restrained him from illegally dumping waste that contained asbestos (Environment Protection Authority v. Hanna, No. $(2010$) NSWLEC 41, New South Wales Land and Environment; See January 2011, Page 11). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%203%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LONDON - The United Kingdom Health and Safety Executive (HSE) on April 4 announced that an English crown court ordered a hotel chain to pay more than 200,000 pounds in fines for potentially exposing construction workers and guests to asbestos. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%204%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LONDON - The United Kingdom Health and Safety Executive (HSE) on April 2 announced that an English magistrates' court has fined a brewery and subcontractor for failing to safely remove asbestos from a building. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%205%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LONDON - The United Kingdom Health and Safety Executive (HSE) on March 20 announced that an English magistrates' court fined various firms for exposing Royal Navy personnel to asbestos-insulated pipes that were left on a roadside. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%206%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' HALIFAX, Nova Scotia - A Canadian tribunal member on March 27 allowed a worker's appeal of a ruling that denied his request for an increase in his permanent medical impairment (PMI) rating in relation to asbestosis, finding that a hearing officer should review certain submissions under workers' compensation law (2012-573-RTH, Nova Scotia Wrks. Comp. App. Trib.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%207%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' BAIE VERTE, Newfoundland - The Workplace, Health, Safety and Compensation Commission and other groups on April 10 announced the completion of a Baie Verte miners' asbestos-related registry. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%208%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - A Delaware federal bankruptcy judge on March 4 issued final decrees closing the Chapter 11 cases of Durabla Manufacturing Co. and its Canadian affiliate, which were both forced into bankruptcy because of asbestos personal injury claims (In re: Durabla Manufacturing Co., No. 09-14415, D. Del. Bkcy.; See February 2013, Page 21). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%209%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' CHESTERFIELD, England - Spencers Solicitors on April 5 announced that it has released an infographic in support of International Asbestos Awareness Week, detailing asbestos in Britain's schools. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2010%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - Chapter 11 debtor W.R. Grace & Co. will receive one payment of more than $900,000 from one of its insurers for its asbestos trust rather than in periodic payments as claims are submitted to the trust, the company says in a March 6 motion in Delaware federal bankruptcy court (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2011%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - Reorganized Chapter 11 debtor Thorpe Insulation Co. and its asbestos trust received approval March 12 from a California federal bankruptcy judge for two settlements with insurance companies that have opposed Thorpe's reorganization; the deals will provide $57 million to the trust for payment of asbestos personal injury claims (In re Thorpe Insulation Co., No. 2:07-bk-19271, C.D. Calif. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2012%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A former holding company facing hundreds of thousands of asbestos personal injury claims and owing more than $12 million in settlements with asbestos claimants filed a Chapter 11 petition March 8 in a New York federal bankruptcy court due to an increase in mesothelioma claims and decrease in insurance assets (In re: Rapid-American Corporation, No. 13-10687, S.D. N.Y. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2013%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - 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 in denying Garlock access to the exhibits (In Re: Motions for Access of Garlock Sealing Technologies LLC, No. 11-1130, D. Del.; 2013 U.S. Dist. LEXIS 28283). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2014%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - Quigley Co. Inc. parent Pfizer Inc. and a Texas asbestos plaintiffs' law firm that was the only remaining objector to Quigley's Chapter 11 plan of reorganization have settled their 10-year-old dispute over prior settlement agreements between Quigley and the firm's asbestos claimants, according to a March 1 motion by the debtor in its New York federal bankruptcy case (In Re: Quigley Company Inc., No. 04-15739, S.D. N.Y. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2015%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A California jury on March 19 awarded $26.6 million to a couple, finding the lone remaining defendant liable for a man's asbestos exposure and resulting mesothelioma, sources told Mealey Publications (Michael Sutherland and Suszi Sutherland v. Highland Stucco and Lime Products Inc., No. BC486980, Calif. Super., Los Angeles Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2016%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' BALTIMORE - Parties recently briefed Maryland's top court on the appropriateness of expert causation testimony in an asbestos case that a lower court found unhelpful to the jury (Bernard Dixon, et al. v. Ford Motor Co., No. 82 September Term 2012, Md. App.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=11-2%20Mealey%27s%20Intl.%20Asb.%20Liab.%20Rep.%2017%20(2013)&view=full&ORIGINATION_CODE=00144 target='_blank' SEATTLE - The Ninth Circuit U.S. Court of Appeals on March 25 agreed to en banc rehearing after a panel vacated a $10.2 million award and found that a judge improperly admitted an asbestos expert testimony without a proper hearing (Henry and Geraldine Barabin v. AstenJohnson Inc. and Scapa Dryer Fabrics Inc., Nos. 10-36142, 11-35020, 9th Cir.).