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Category Archives: Toxic Tort

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Latest Fallout in Garlock Highlights Importance of Thorough Discovery of Bankruptcy Claims

Posted in Asbestos Litigation, Litigation Trends, Toxic Tort

Note: For more MG&M analysis on Garlock, please see previous post by William Larson and Brian Gross.   The ramifications of the Garlock asbestos bankruptcy are just beginning to be felt across the country.  As new developments continue to play out, it is important to note that in each of the 15 cases in which… Continue Reading

Maryland Court Continues Trend, Holding There Is No Duty To Warn For Household Exposure

Posted in Asbestos Litigation, Litigation Trends, Maryland Courts, Toxic Tort

The Maryland Court of Appeals unanimously ruled that Georgia-Pacific Corp. was not liable for illness involving a woman who was exposed to asbestos while doing her father’s laundry in the 1960s. The Insurance Journal reported on the recent decision: The Court of Appeals ruled that Georgia-Pacific Corp. was not obligated to warn relatives of the… Continue Reading

North Carolina Bankruptcy Court Limits Garlock’s Asbestos Liabilities and Ford Wants the Court Records Unsealed

Posted in Asbestos Litigation, Litigation Trends, Toxic Tort

Background: Garlock Sealing Technologies, LLC (“Garlock” or “Debtors”) filed for Chapter 11 bankruptcy protection in June 2010.  Garlock had been an active asbestos defendant for its asbestos-containing precut gaskets, sheet gasket material, and packing materials.  In January, after extensive discovery and a trial held under seal, the Bankruptcy Court issued an opinion (pdf download) in… Continue Reading

Delaware Court Examines Admissibility of Epidemiology Experts in Product Liability Cases

Posted in Toxic Tort

Recently, the Delaware Supreme Court decided Tumlinson v. Advanced Micro Devices, Inc., No. 672, 2012 (Del. Nov. 21, 2013). This case provides a great example of the so-called “gatekeeper” function of the court when it comes to the admission of expert testimony in civil cases. More importantly, it provides context concerning the admissibility of expert… Continue Reading

Another Brick In The Wall Against Medical Monitoring Claims

Posted in Asbestos Litigation, Massachusetts Courts, Toxic Tort

United States District Court Judge Mark L. Wolf recently denied the “medical monitoring” claims of a putative class alleging beryllium exposure. This is the first decision addressing medical monitoring claims in Massachusetts since the landmark Donovan ruling in 2009, and strengthens the restrictions on such claims. Medical monitoring claims, a relatively modern addition to tort… Continue Reading

Defense Verdict Obtained Via Independent Rebuttal Witnesses in Living Mesothelioma Case Brought by Medical Expert Dr. Richard Luros

Posted in Asbestos Litigation, California Courts, Toxic Tort

On July 12, 2013 an Alameda jury returned a defense verdict in the living mesothelioma asbestos case Richard Luros v. Amcord, Inc., Alameda Superior Court Number RG11600370. (Luros complaint pdf download). The California defense asbestos bar had been watching the case with interest since it was filed in October 2011, as the Plaintiff, Dr. Richard… Continue Reading

Furthering Asbestos Claims Transparency Act: Discovery of Bankruptcy Claim Information to Avoid Double Compensation

Posted in Asbestos Litigation, Toxic Tort

As previously reported on Defense Litigation Insider, the United States House of Representatives is presently considering the “Furthering Asbestos Claims Transparency (FACT) Act.” (H.R. 982) Since our last report, the bill was approved by the House Judiciary Committee by a 17-14 vote despite efforts to amend its original form. The bill, introduced by Rep. Blake… Continue Reading

CALIFORNIA SUPREME COURT PUBLISHES ANOTHER OPINION LIMITING POOL OF DEFENDANTS AVAILABLE TO PLAINTIFFS IN CALIFORNIA ASBESTOS LITIGATION

Posted in Asbestos Litigation, California Courts, Toxic Tort

The California Supreme Court recently resolved conflicting opinions from state appellate intermediary courts on the subject of whether, or under what circumstances, a plaintiff may sue a dissolved out of State corporation in California. In Greb v. Diamond International Company, 56 Cal. 4th 243 (2013) the Court held that dissolved foreign corporations are not subject… Continue Reading

Getting the Facts: House Considers the “Furthering Asbestos Claims Transparency (FACT) Act” of 2013

Posted in Asbestos Litigation, Litigation Trends, Toxic Tort

The House of Representatives subcommittee on Regulatory Reform, Commercial and Antitrust Law is currently considering the “Furthering Asbestos Claims Transparency (FACT) Act.”   The bipartisan legislation, introduced by Representatives Blake Farenthold (R-TX) and Jim Matheson (D-UT), aims to bring transparency to federal asbestos bankruptcy trusts. Bill H.R. 982 would require federal asbestos bankruptcy trusts to file quarterly… Continue Reading

Tort Reform Law And The Controversial “Losers Pay” Provision; A Game Changer For Asbestos Litigation?

Posted in Asbestos Litigation, Toxic Tort

Co-authored by Brian Gross The Texas legislature recently enacted a major tort reform law which would make the losing party pay the opposing party’s “costs and reasonable and necessary attorney’s fees.”  In its true form, this rule, also known as the “English Rule,” requires that a losing party in litigation pay the fees and the costs… Continue Reading