LexisNexis® Legal Newsroom
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...

New York 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...

Missouri: M is for Meso

Missouri has radically changed the comp rules for workers with mesothelioma with a new category of “occupational disease due to toxic exposure.” What is mesothelioma? Mesothelioma is a rare and highly aggressive disease related to asbestos exposure. It can be distinguished from lung...

William A. Ruskin: U.S. Bankruptcy Court Exposes Plaintiff Scheme To Suppress Asbestos Exposure Evidence

By William A. Ruskin On January 10, 2014, the Hon. George R. Hodges, United States Bankruptcy Court for the Western District of North Carolina, handed down a decision that promises to be a “game changer” for asbestos manufacturers facing potentially crushing mesothelioma death claims....

California Workers' Comp Case Roundup (6/14/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

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...

Washington: Widow’s Wrongful Death Action for Husband’s Mesothelioma Barred by Exclusivity

Washington state courts may not use the “substantially certain” test to determine whether an employer’s actions against an injured worker were intentional, again held the Supreme Court of Washington in a split decision. Accordingly, a widow’s contention that her husband’s...

California Jury Awards $13 Million In Couple’s Asbestos-Tainted Talc Case

LOS ANGELES — (Mealey’s) A California jury on April 28 awarded a couple more than $13 million in a mesothelioma case alleging asbestos exposure from tainted talc. It is the first asbestos-tainted talcum powder verdict against Colgate-Palmolive Co., sources told Mealey Publications ( Judith...

Bullivant Houser Bailey PC: Superior Court of Pennsylvania Strikes Down ‘Any Exposure’ Theory in Asbestos Litigation

By Melissa Tarab The Superior Court of Pennsylvania recently issued another decision holding that the purported "any exposure" or "each and every fiber" theory is not sufficient to establish causation in cases alleging exposure to asbestos. In Nelson v. Airco Welders Supply, et...

Decedent Electrician Suffered Injurious Exposure to Asbestos Fibers: Cal. Comp. Cases June Advanced Postings (6/9/2015)

Here’s the third batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Contra Costa Electric, Inc., American...

California: Exclusive Remedy Provision Bars Separate Suit Related to Asbestos-Laden Pipes Carried Home for Home Projects

Where survivors of a worker who died of asbestos-related mesothelioma sued the employer, a pipe manufacturer, for wrongful death, alleging that in addition to his workplace exposure to asbestos, the worker was also permitted to take waste or scrap pipe home, where he was exposed to asbestos in using...

Illinois: Exclusive Remedy Barred Case In Spite of Fact That Worker Contracted Mesothelioma After Statute of Limitations Had Run

The exclusive remedy provisions of the Illinois Workers’ Compensation Act and the Illinois Workers’ Occupational Diseases Act (collectively “the Acts”) bar an employee’s cause of action (and that of his or her estate) against an employer to recover damages for a disease...

Maryland Top Court Finds Duty To Warn About Replacement Asbestos Parts

BALTIMORE — (Mealey’s) Manufacturers can be held liable for failure-to-warn under negligent and strict liability theories for parts the manufacturer reasonably knew would need replaced with asbestos-containing versions, Maryland’s top court held Dec. 18 ( Ruth Belche May, et al. v....