Category Archives: Damages

After Supplier Defaulted Through Nonappearance, Court Awarded Damages In Unopposed Proceeding Supreme Court of New York, Erie County, Eighth Judicial District, October 9, 2015

An Erie County, New York court has issued a decision on damages in a default action where damages and liability were uncontested following a two-day bench trial in an asbestos case involving Joseph Muir, a 58-year-old man living with mesothelioma.  Defendant Hedman Resources, Ltd. was the only remaining defendant. Hedman had been served with  the summons and complaint pursuant to alternative service granted by the court two years earlier. Hedman never appeared in the action and was in default at the time of the trial.…

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NYCAL Court Denies Post-Verdict Disclosure of Settlement Amounts and Agreements Supreme Court of New York, New York County, July 24, 2015

In this NYCAL case, defendants Cleaver Brooks, Inc. and Burnham LLC brought post-verdict motions on a variety of issues, including disclosure of settlements for the purpose of molding the judgment. By the time the motion was heard, the remaining issues were if “plaintiffs failed to disclose settlements in a timely fashion, and, if so, whether such failure affected defendants ability to present evidence with respect to Article 16 entities, and whether defendants are entitled to disclosure of the settlement agreements, including the amounts of settlement…

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Court Analyzes Damages Under FELA Supreme Court of Tennessee, at Knoxville, July 1, 2015

In this case, a railroad worker who was diagnosed with lung cancer filed suit under the Federal Employer’s Liability Act (FELA) alleging the railroad had exposed him to asbestos as well as other hazardous materials. The jury awarded $8.6 million, finding the railroad negligent and negligent per se, but it also found the decedent was 62 percent at fault due to his smoking history. Following the return of the verdict, the trial court instructed the jury that because of its finding that the railroad had…

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Defendants Successfully Argue to Apply More Favorable Tennessee Laws Limiting Damages in Rhode Island Asbestos Case Superior Court of Rhode Island, Providence, March 5, 2015

In this case, the plaintiff worked and lived in the state of Tennessee for his entire life, with the exception of one year living in Maryland while working at Bethlehem Steel. The majority of his asbestos exposure occurred in Tennessee, which is also where he was diagnosed and treated for mesothelioma. The court had previously granted the motions of various defendants to apply Tennessee law. In the instant motion, defendants asked the court to take judicial notice of four areas of the law where that…

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Wrongful Death Damages Limited, Riggs v. Georgia-Pacific, LLC Supreme Court of Utah February 2, 2015

The Supreme Court of Utah ruled that a recovery by an asbestos plaintiff in a personal injury lawsuit does not bar a subsequent wrongful death claim brought by his heirs, but there cannot be any double recovery. The plaintiff, who had peritoneal mesothelioma, went to trial against Georgia-Pacific and Union Carbide and was awarded a substantial recovery. Following his death, the plaintiff’s heirs brought a wrongful death and survival claim against Georgia-Pacific, Union Carbide, and others seeking recovery under Utah’s wrongful death statute, which specifically…

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