Jury Awards a Near $7 Million Verdict in California FELA Case Against Railroad Company

On November 18, 2015,  a jury in California Superior Court for Alameda County awarded a near $7 million verdict against Union Pacific Railroad in a FELA case following a six week trial. The court had previously determined that $451,265.00 was the amount of economic damages. $6.5 million was awarded by the jury for non-economic loss and pain and suffering.

Read the verdict sheet here.…

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Court of Appeals Vacates District Court’s Granting of Summary Judgment to Electrical Component Manufacturers Based on Decedent’s Testimony of Working With Products

In this federal court case, the plaintiff appealed the district court’s granting of summary judgment to defendants ABB, Schneider Electric, and Eaton.

The court of appeals vacated the district court’s decision and remanded the case. In it’s ruling, the court noted: “In order to prevail in products liability cases, a plaintiff must establish, at minimum, (1) the plaintiff was exposed to the defendant’s product, and (2) the product was a substantial factor in causing the injury suffered.”(Citation omitted).

Regarding exposure, the court held: “Prior to …

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Sheldon Silver Corruption Trial Ongoing with Testimony from Weitz & Luxenberg Attorneys

Jury selection has been completed and trial testimony is ongoing in the corruption trial against State Assembly Speaker Sheldon Silver. Prosecutors allege, among other things, that Silver, who had previously been on the payroll at Weitz & Luxenberg, funneled state funds to Dr. Robert Taub of Columbia University for cancer research in exchange for referrals of mesothelioma patients to Weitz & Luxenberg, which then paid Silver for the patient referrals. Jury selection started in early November and the panel originally consisted of nine women and …

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Illinois Appellate Court Affirms Dismissal of Asbestos-Related Legal Malpractice Suit

On November 10, 2015, the Illinois First District Appellate Court affirmed the circuit court’s holding that a legal malpractice suit was brought too late to continue, regardless of how the calendar of events was viewed.

Originally, Vernon and John Q. Nelson had filed a wrongful death suit due to asbestos exposure in 2005, in which they were represented by Cascino Vaughn Law Offices. In May 2007, the court closed discovery in the asbestos suit, and six months later, it dismissed the suit.

Accordingly, in November …

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Boiler Manufacturer Ordered to Disclose All Documents Referencing Asbestos or Asbestos-Containing Materials

In this NYCAL case, a June 23, 2014 order denied defendant Cleaver-Brooks’ motion to vacate a November 9, 2013 order of the Special Master directing the production of “all its commercial files, all other relevant documents and records, and its index card database.”  The order also denied Cleaver-Brook’s application for a confidentiality order and cost sharing.

In a unanimous decision, the appellate court modified the order holding that Cleaver-Brooks had to produce all documents that reference asbestos or asbestos-containing products, parts or components used for …

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Plaintiff Allowed to Substitute and Limitedly Amend Complaint, Several Cases Consolidated Against 3M Among Court Rulings on Daubert Hearings and Expert Preclusion

In these federal court cases there were several motions brought forward, including a motion by the plaintiff to substitute the estate and file a third amended complaint following the death of the decedent, defendant 3M’s motion to preclude the plaintiff’s expert Dr. Arnold Brody, and defendant Weyerhaeuser’s Daubert motion regarding the plaintiff’s experts Frank M. Mark, III, and Drs. Henry A. Anderson and Jerrold L. Abraham.

Regarding the plaintiff’s motion for substitution and to amend the complaint, the court held: “The court will grant the …

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Court Denies Motion to Dismiss Criminal Indictment Regarding Asbestos Workplace Violations

In a Middle District of Florida lawsuit, the defendants sought to dismiss an eight-count indictment alleging violations of various work practice standards involving regulated asbestos containing material (RACM).  In their motion to dismiss, the defendants argued that the government failed to allege an essential element of the offense, that essential facts of the offense were missing, and that the criminal offense alleged did not exist.

Considering the essential elements and facts of the offense claims simultaneously, the court refused to dismiss the case and found …

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Co-Defendant’s Bankruptcy Filing Did Not Result In A “Certain and Final Dismissal” For Purposes Of Removal Under Diversity Jurisdiction

The plaintiff and his wife commenced this action in Louisiana state court, alleging that his mesothelioma was caused by his exposure to several asbestos-containing products, including products supplied by various Louisiana companies. At the time of commencement, diversity jurisdiction did not exist and the action was therefore not removable to federal court. Several defendants settled, leaving defendants Foster Wheeler and Eagle as the only remaining defendants.  oster Wheeler is a diverse company for purposes of removal, Eagle is not. Eagle filed for bankruptcy during the …

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Plaintiff Widow Allowed to Proceed on Claims Even Though Not Timely Substituted as Special Administrator of Husband’s Estate

The decedent died of mesothelioma and the plaintiff, his widow, proceeded on the claims that had been filed prior to his death; the plaintiff did not substitute herself as special administrator of his estate. Defendant Owens-Illinois filed a notice of death pursuant to federal rules, then filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 25(a)(2), requiring timely substitution of a proper party. Defendants 3M and Weyerhaeuser filed motions to join. The plaintiff then dismissed Owens-Illinois, and 3M and Weyerhaeuser filed no …

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Washington Appellate Court Applies New Case Law to Bar Wrongful Death Suits if Statute of Limitations Expires on Personal Injury Claim During Decedent’s Lifetime

In 2006, the plaintiff successfully sued two defendants for injuries related to the plaintiff’s workplace asbestos exposure. This judgment was vacated and remanded to federal district court, where it remained pending. The plaintiff passed away in 2012; two years later, his widow filed a wrongful death claim against new defendants.  The defendants moved for summary judgment, arguing that the statute of limitations on a personal injury action during the decedent’s lifetime precludes a wrongful death action based on this underlying personal injury claim. The trial …

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