On October 7, 2015, the Alameda County Superior Court in California found in favor of defendant John Crane Inc. in an asbestos exposure lawsuit. The plaintiff, James Harkin, had asserted that his mesothelioma was caused by exposure to asbestos from valve packing manufactured by John Crane Inc. and brought several asbestos-related product liability claims. He further argued that his mesothelioma additionally occurred as a result of working in the presence of Oscar E. Erickson employees while they disturbed asbestos containing materials at an oil refinery.…
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UK Parliamentary Group Declares Final War on Asbestos, Calls for Complete and Accelerated Eradication
In Britain, the All-Party Parliamentary Group on Occupational Safety and Health (“the Group”) is demanding legislation that will work to completely eliminate asbestos from buildings in the UK. The Group wants to put regulations in place that will require the safe, phased, and planned removal of asbestos in every workplace in Britain. It also wants asbestos reports included in all home-buyers’ surveys and a national program of asbestos surveys.
In its recommendations, the Group wants to require that all commercial, public, and rented domestic premises …
Continue ReadingCourt Applied Pennsylvania Law in Asbestos Coverage Case Based on Insured’s Residence
York Int’l Corp. v. Liberty Mut. Ins. Co., No. 1:10-CV-0692 (M.D. Pa. Oct. 13, 2015)
This decision involves a dispute over whether Pennsylvania or New York law would apply to an insurer’s duty to defend and indemnify an insured for asbestos-related claims. Due to the passage of more than 50 years between the period covered by the relevant policies and the initiation of the lawsuit, no party with firsthand knowledge of the negotiation and consummation of the policies could be identified, and complete copies of …
Continue ReadingPhiladelphia Federal Judge Puts Hold on a Dozen Asbestos Claims by Formerly Bankrupt Plaintiffs
On Tuesday, October 6, 2015, U.S. District Judge Eduardo Robreno ordered a stay on a dozen nearly-identical asbestos claims brought by plaintiffs who had previously sought bankruptcy protection. Judge Robreno stated in all of them that the plaintiffs’ trustees must be given the choice of either pursuing or abandoning the claims.
In one such case, the plaintiff was a ship worker who had filed an asbestos claim in 2001, followed by a bankruptcy action in 2003. His claim, however, was not included as part of …
Continue ReadingBill Proposed in Pennsylvania House Seeks to Add Fairness and Transparency to Asbestos Actions
On June 30, 2015, Rep. Warren Kampf introduced a bill in the Pennsylvania House of Representatives titled as the “Fairness in Claims and Transparency (FaCT) Act.”
The purposes are listed as providing transparency of claims made against bankruptcy trusts and in the tort system, to facilitate fair and appropriate compensation to plaintiffs while rationally allocating responsibility, to preserve the resources of defendants involved to help promote adequate recoveries for deserving plaintiffs, and to ensure that liabilities properly borne by bankruptcy trusts are not imposed upon …
Continue ReadingNew Arizona Law Adds Significant Hurdles for Victims of Asbestos Exposure
On April 9, 2015, Governor Doug Ducey signed a bill into Arizona state law that places new requirements on victims of asbestos exposure.
Pursuant to the new law, asbestos victims must submit a sworn statement that identifies each personal injury claim that the victim has filed and each claim that the victim reasonably anticipates filing against an asbestos company. Furthermore, the new law permits the asbestos companies being sued to request a delay in the proceedings if they believe that the victim may be eligible …
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