PENNSYLVANIA — Republican Pennsylvania State Representative Eli Evankovich introduced a bill on April 2, 2018 to eliminate the ability of employees to sue their employers for asbestos-related diseases. Prior to the Pennsylvania Supreme Court’s issuance of the Tooey decision in November 2013, Pennsylvania employees were barred from filing suit against their employers due to the exclusivity provision of the Pennsylvania Workers’ Compensation. Those employees could file a workers’ compensation claim if diagnosed within 300 weeks of their last date of exposure, but due to the …
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Dismissal on Basis of Judicial Estoppel Overturned by Second Circuit
NEW YORK — The Clarks entered into personal bankruptcy in 2010. Their proposed bankruptcy plan consisted of monthly payroll deductions. For five years, the Clarks made each payment. In July 2015, Edward Clark was diagnosed with mesothelioma. He believed he was exposed to asbestos while serving in the Air Force and during his subsequent private sector employment. The Clarks decided to file a personal injury action. They informed their bankruptcy attorney of that fact, as they were unsure whether the bankruptcy schedule needed to be …
Continue ReadingNew York First Department, Appellate Division, Affirms NYCAL CMO
New York — On June 20, 2017, former NYCAL Justice Peter Moulton issued a new case management order (New CMO) in NYCAL and an accompanying decision with respect to same. The NYCAL defendants did not consent to the New CMO. ACT’s prior post on the New CMO is available here. NYCAL defendants subsequently appealed.
On March 22, 2018, the Appellate Division, First Department, determined that the New CMO did not do not deprive defendants of due process and Justice Moulton, pursuant to certain court …
Continue ReadingDistrict Court Denies Sheldon Silver’s Motion to Dismiss Following Remand
NEW YORK — The saga of former New York Assemblyman Sheldon Silver continues as the U.S. District Court for the Southern District of New York denied Silver’s Motion to Dismiss charges against him. Among other contentions, the government’s indictment against Silver includes allegations that Silver received more than $3 million dollars in referral fees from the Weitz & Luxenberg firm for clients sent to it by Dr. Taub, a physician specializing in the treatment of mesothelioma. The indictment further alleges that Silver disbursed state funds …
Continue ReadingPlaintiff’s Age and Medical Condition Proper Criteria under Statute to Set Trial Preference
CALIFORNIA — The Foxes brought this action against several defendants for Ms. Fox’s development of lung cancer and asbestosis from alleged exposure to asbestos containing products from 1954-63. The plaintiffs moved for trial preference pursuant to Code 36 as Ms. Fox was 81 and suffered from declining health. Ms. Fox had also undergone chemotherapy, which had caused side effects according to the plaintiff’s attorney. Of the 18 defendants, only Metalclad Insulation and Sequoia Ventures opposed the motion.
The trial court denied the motion to set …
Continue ReadingPlaintiff Can Serve Jurisdictional Disclosure Demands Regarding Potential Successor Liability in Talc Case
NEW YORK — Plaintiff Richard Arazosa alleged that he was injured as a result of exposure to asbestos-containing cosmetic talcum powder products. Defendant Imerys SA filed a pre-answer motion to dismiss claims against it, arguing a lack of jurisdiction given its existence as a French holding company with no assets or presence in the United States. The plaintiff asked the Special Master for permission to serve jurisdictional disclosure demands on Imerys SA with the intent of proving that Imerys SA was the successor to Talco …
Continue ReadingJury Finds Asbestos-Cement Pipe Supplier Was Not a Substantial Contributing Factor to Plaintiff’s Lung Cancer
LOUISIANA — After a three-week trial, a jury reached a defense verdict in this lung cancer case in favor of lone defendant Ferguson Enterprises and its alleged predecessor Louisiana Utilities Supply Co. (LUSCO), a supplier of asbestos-containing cement pipe. Plaintiff Thomas Handy claimed that he cut asbestos cement pipe supplied by LUSCO while working as a laborer and pipefitter, and that this exposure among others, caused his lung cancer. Defendant Ferguson argued that it was not a successor corporation to LUSCO under Louisiana law, that …
Continue ReadingExclusion of Decedent’s Deposition Testimony Upheld due to Lack of Meaningful Opportunity for Cross Examination
DELAWARE — Plaintiff William Sykes filed suit in March of 2014 against numerous defendants after being diagnosed with mesothelioma in October, 2013. The plaintiff’s counsel requested expedited trial and discovery depositions due to Plaintiff’s rapidly deteriorating health; a video trial deposition was taken on April 16, 2014. During a break in the trial deposition, the plaintiff informed counsel that he was unable to complete the remainder of the deposition. At that time, the parties were left with only the video trial deposition and no cross …
Continue ReadingU.S. Supreme Court Denies Appeal of Former Speaker of New York State Senate; Stage Set for Retrial
NEW YORK — Sheldon Silver’s appeal to the U.S. Supreme Court was denied on Tuesday, January 16, 2018. Silver appealed part of the Second Circuit’s decision overturning his convictions on corruption charges. That decision overturned Silver’s convictions citing improper jury instructions pursuant to the Supreme Court’s decision in U.S. v. McDonald. Silver’s appeal centered on the money laundering charge. For that charge, he argued that a split exists among federal appeals courts as to the prosecutorial requirement linking a transaction to the suspected crime. …
Continue ReadingPersonal Jurisdiction Defense Waived in Maritime Multidistrict Litigation
Appellants George Perdreauville and Joseph Blue, along with thousands of other seamen, initially filed lawsuits in the late 1980s in the U.S. District Court for the Northern District of Ohio under the Jones Act, 46 U.S.C. Section 304 et seq., and general maritime law, alleging injury from exposure to asbestos while onboard the Appellees’ various ships. A lengthy and complex procedural course ensued, and, in 1991, the suits were consolidated in the Asbestos Multidistrict Litigation (MDL) in the U.S. District Court for the Eastern …
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