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Decision in Legal Newsline’s case enforces right of access, mass tort attorney says
CHARLOTTE, N.C. (Legal Newsline) – A mass tort attorney and blogger says a federal judge’s ruling in favor of Legal Newsline should help bring much-needed transparency to asbestos and other mass tort bankruptcy cases.
Asbestos defense attorneys publish article to clear up ‘every exposure’ confusion
PITTSBURGH (Legal Newsline) – The “every exposure” theory used often in asbestos litigation was rejected in Pennsylvania in 2012 and has been the subject of several appeals within the last year. Now, two defense attorneys concerned with the application of opinions rejecting the theory have shed some light on the complicated matter.
EPA awards $124K grant to help reduce asbestos exposure in Texas schools
DALLAS (Legal Newsline) – In honor of Children’s Health Month, the U.S. Environmental Protection Agency has awarded the Texas Department of State Health Services a $124,741 grant to help reduce asbestos exposure in schools.
Attorney: Texas asbestos decision ‘absolutely not’ gaining traction in other jurisdictions
ST. LOUIS (Legal Newsline) – A Texas defense attorney recently said that as asbestos litigation changes, the laws governing legal causation must also change – and the recent Bostic decision from the Texas Supreme Court is a prime example of that change despite the fact that it is not having a nationwide impact yet.
La. asbestos attorneys want clients’ info to remain sealed in Garlock case
CHARLOTTE, N.C. (Legal Newsline) – The first motion to seal in the Garlock Sealing Technologies bankruptcy proceeding was filed on Thursday by Louisiana asbestos attorneys, exactly one week before the deadline.
Texas Supreme Court applied unique approach to ‘every exposure’ theory in asbestos cases
AUSTIN (Legal Newsline) – While several states across the country have rejected the “every exposure” theory in asbestos cases, the recent Texas Supreme Court Bostic decision stands out due to its “Lohrmann Plus Standard.”
Punitive damages allowed in asbestos MDL maritime docket
PHILADELPHIA (Legal Newsline) – Judge Eduardo C. Robreno, who oversees an asbestos multidistrict litigation in Philadelphia federal court, has decided that punitive damages awards are permitted in the maritime docket as a matter of law to seamen bringing unseaworthiness asbestos claims against shipowners.
Judge sides with Legal Newsline, overturns sealing of fraud evidence against asbestos attorneys
CHARLOTTE, N.C. (Legal Newsline) – Nearly one year after Legal Newsline filed a motion to keep the bankruptcy estimation trial of Garlock Sealing Technologies open to the public, a federal judge has ruled that evidence that alleged fraud on the part of asbestos attorneys should not have been sealed.
Asbestos case remanded for failing to provide NASA specs requiring asbestos
NEW ORLEANS (Legal Newsline) – A Louisiana judge has granted a former insulator’s motion to remand his asbestos case based on the Federal Officer Removal Statute, concluding that the defendant failed to provide NASA regulations requiring asbestos.
Texas SC rejects ‘every exposure’ theory in asbestos case
AUSTIN (Legal Newsline) – The Texas Supreme Court has ruled that an asbestos claimant failed to offer legally sufficient causation evidence, denying the “every exposure” theory on the grounds that simply offering evidence of exposure regarding a dose-related disease should not imply automatic liability.
Fifth Circuit declines to create ‘new rule’ in asbestos case over bar date
NEW ORLEANS (Legal Newsline) – A federal appeals court has affirmed a bankrupt company’s request for summary judgment, arguing the asbestos claim filed against Placid Oil Company was discharged as claimants were given sufficient notice of the 1987 bar date.
Former Del. judge pens article, urges asbestos judges to read Garlock decision
WILMINGTON, Del. (Legal Newsline) – In an article for the American Journal of Trial Advocacy, former Delaware Superior Court Judge Peggy L. Ableman discussed the difficulties in her experiences accounting for bankruptcy trust recoveries in asbestos lawsuits due to lack of transparency and abusive practices.
Senate’s FACT Act 'clips the wings of the plaintiffs bar'
WASHINGTON (Legal Newsline) – Despite strong opposition, supporters of the Furthering Asbestos Transparency Act believe that U.S. Senator Jeff Flake’s introduction of the bill in the Senate could reignite interest in the FACT Act.
Group announces agenda of asbestos conference
BEVERLY HILLS, Calif. (Legal Newsline) – Perrin Conferences has announced the agenda for its annual Cutting-Edge Issues in Asbestos Litigation Conference.
Corporations write letter backing amendments to Federal Rules of Civil Procedure
WASHINGTON, D.C. (Legal Newsline) – A group of more than 300 corporations collectively have written a letter to the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States supporting select proposed amendments to the Federal Rules of Civil Procedure.
After 13 years, Grace & Co. emerges from bankruptcy
COLUMBIA, Md. (Legal Newsline) – After 13 years in bankruptcy due to costly asbestos lawsuits and cleanup efforts, W.R. Grace & Co. exited bankruptcy protection earlier this week.
Professor says asbestos cases from smokers, like N.Y. congresswoman, on the rise
NEW YORK (Legal Newsline) – Lung cancer cases are on the rise in asbestos litigation, and one law professor says the incentive for plaintiffs attorneys is to obtain money from bankruptcy trusts set up to pay out claimants.
Judge: Asbestos attorneys made ‘startling’ misrepresentations while pursuing claims
CHARLOTTE, N.C. (Legal Newsline) – A federal bankruptcy judge ruled Friday that asbestos attorneys have been withholding evidence while pursuing claims against Garlock Sealing Technologies and has ordered the company’s bankruptcy trust to be much smaller than the $1 billion-plus figure for which the attorneys argued.
Tobacco company facing asbestos suits; plaintiff’s attorney says it’s fighting dirty
WASHINGTON (Legal Newsline) – According to the 2013 Judicial Hellhole report published by the American Tort Reform Association, more law firms are bringing lung cancer cases to America’s courtrooms, “which likely not caused by asbestos exposure.”