Defense Litigation Insider Helping you navigate a clear path through complex litigation.

Monthly Archives: December 2017

Eastern District of Louisiana Rejects Attempt to Defeat Federal Subject Matter Jurisdiction After Removal

Posted in Asbestos Litigation, Louisiana Courts, Products Liability, Uncategorized

A federal district court in the Eastern District of Louisiana recently held that it continued to have federal jurisdiction under the federal officer removal statute, even after the plaintiffs amended their petition to delete claims that gave rise to federal subject matter jurisdiction. The court reasoned that the original removal satisfied the proper requirements to… Continue Reading

Florida Plaintiff Receives $6.9 Million Judgment After Florida Appellate Courts Require Jury To Be Instructed With A More Consumer Friendly Test

Posted in Asbestos Litigation, Florida Courts

In 2015, the Florida Supreme Court issued a decision in Aubin v. Union Carbide, which mandated that juries be instructed on the “consumer expectations test.” On November 28, 2017, seven years after initially filing her lawsuit, a plaintiff in  Miami-Dade County won a $6.9 million asbestos verdict in a retrial based on the Aubin decision,… Continue Reading

Appeals Court Strikes Out Products Claim Filed by Estate of Former American League Rookie of the Year Mark “The Bird” Fidrych

Posted in Massachusetts Courts, Products Liability

  In a unanimous decision, a three-judge panel of the Massachusetts Appeals Court affirmed summary judgment against the estate of former Detroit Tigers’ pitcher, Mark Fidrych, in Pantazis v. Mack Trucks, Inc., Mass. App. Ct., No. 16-P-1497 (Nov. 27, 2017).  On appeal, the Court rejected the Estate’s argument that a component part manufacturer had a… Continue Reading

Connecticut Requires Expert Testimony for Proving Exposure Levels

Posted in Asbestos Litigation, Connecticut Courts, Litigation Trends, Products Liability, Uncategorized

For the first time since 1989[1], Connecticut’s Supreme Court addressed the plaintiff’s burden of proof in the asbestos context, in Wayne Bagley v. Adel Wiggins Group et al, SC 19835 (11/7/17).  In a win for defendants facing such claims, the court found that plaintiffs bringing claims pursuant to the Connecticut Product Liability Act (under both… Continue Reading