Recent Posts

9th Circuit Vacates Asbestos Bankruptcy Reorganization; Says Trust Isn't In Control
Posted on 29 Oct 2013 by Mealeys

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Oct. 28 vacated the bankruptcy reorganization plan for a former asbestos insulator, finding that the plan failed to satisfy the requirements of Section 524(g) of the Bankruptcy Code dealing with... Read More

Oklahoma Legislators Pass Asbestos Trust Fund Disclosure Legislation
Posted on 1 May 2013 by Mealeys

OKLAHOMA CITY - Legislation requiring Oklahoma asbestos claimants to disclose trust fund claims within 90 days of filing an action and 180 days before trial date is headed to the governor after the state Senate approved it by unanimous vote on April 30... Read More

Judge: Bankrupt Companies' Potential Liability Not Admissible At Trial
Posted on 18 Jul 2013 by Mealeys

PROVIDENCE, R.I. - Rhode Island law governing comparative fault of settled defendants does not extend to bankrupt companies in an asbestos action; nor must a plaintiff produce bankruptcy trust claim forms, a judge held July 15 (Rosie K. Sweredoski, et... Read More

Judge: Allegation Of Nicotine Manipulation Is A Valid Cause Of Action
Posted on 21 Jun 2013 by Mealeys

CONCORD, N.H. - A New Hampshire federal judge dismissed Racketeer Influenced and Corrupt Organizations Act claims against the two largest cigarette companies but said June 18 that strict liability and negligence claims were viable insofar as the plaintiff... Read More

Oklahoma Governor Signs Asbestos Trust Fund Disclosure Legislation
Posted on 8 May 2013 by Mealeys

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. Read More

Justice Finds Man's Testimony Regarding Asbestos Content Sufficient
Posted on 30 Sep 2013 by Mealeys

NEW YORK - A man's testimony that he believed gaskets contained asbestos based on his understanding of the products' uses overcomes summary judgment, a New York justice held in an opinion posted Sept. 27 (Patrick McCloskey and Mary Anne McCloskey... Read More

Delaware Jury Awards $2.86M For Mesothelioma In Asbestos Exposure Case
Posted on 30 Jul 2012 by Mealeys

NEW CASTLE, Del. - A Delaware jury on July 27 awarded $2.86 million to the family of a man who died from mesothelioma that he contracted by working with talc power contaminated with asbestos (In re Asbestos Litigation, Michael Galliher v. RT Vanderbilt... Read More

Louisiana Court Affirms Denial Of Damages For Delays In Construction
Posted on 21 Jun 2012 by Mealeys

SHREVEPORT, La. - A Louisiana appeals court on June 20 affirmed a trial court's evidentiary ruling and a jury's decision to deny homeowners, who alleged that defects in their home caused mold, damages for a delay in the construction of the house... Read More

Contra Non Valentem Ruled To Halt Peremption In Benzene Death Claim
Posted on 26 Aug 2013 by Mealeys

NEW ORLEANS - Wrongful death claims brought by the estate of a gas station attendant and mechanic who died of myelodysplastic syndrome are not time-barred based on peremption, a Louisiana federal judge ruled Aug. 23, because his daughter and executrix... Read More

11th Circuit Issues New Opinion Affirming 2 Small Tobacco Verdicts
Posted on 31 Oct 2013 by Mealeys

ATLANTA - Instead of taking up R.J. Reynolds Tobacco Co.'s petition for reconsideration or rehearing, a panel of the 11th Circuit U.S. Court of Appeals on Oct. 31 issued a new opinion sua sponte with the same result - affirming two small verdicts... Read More

Magistrate Judge Bars Job Site Witnesses From Asbestos Cases
Posted on 3 Jan 2013 by Mealeys

PHILADELPHIA - Plaintiffs in 192 federal multidistrict litigation asbestos cases may not rely on some 15,000 potential work site witnesses unless they can show that the witnesses were properly disclosed elsewhere during discovery, a federal magistrate... Read More

Judge Triples Damages In RICO Case Against Asbestos Attorneys, Expert
Posted on 26 Sep 2013 by Mealeys

WHEELING, W.Va. - A jury's $429,240.47 award must be tripled based on its finding that the filing of asbestos claims against a railroad violated the federal Racketeer Influenced and Corrupt Organizations Act, a West Virginia federal judge held Sept... Read More

Bankruptcy Judge: Plaintiffs, Lawyers Covered Up Evidence In Garlock Meso Cases
Posted on 13 Jan 2014 by Mealeys

CHARLOTTE, N.C. - 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... Read More

Michigan Court Remands Portions Of Decision In Declaratory Judgment Case
Posted on 19 Feb 2013 by Mealeys

LANSING, Mich. - A Michigan appeals court on Feb. 14 reversed portions of a trial court's ruling in a declaratory judgment action filed by an insurer in relation to mold-related coverage claims, including a decision that found that a construction... Read More

New York Jury Returns Verdict For Cleaver Brooks In Asbestos Case
Posted on 15 Mar 2012 by Mealeys

NEW YORK - A New York jury on March 13 returned a defense verdict in a man's action against Cleaver Brooks for allegedly exposing him to asbestos, sources told Mealey Publications (John Zaugg v. Air & Liquid Systems, et al., No. 190008-2010, N... Read More