$11.6 Million Asbestos-Exposure Verdict In Texas Not Supported By Sufficient Evidence
Posted on Jul 18, 2014 in Investigations, Product Liability | Comments Off on $11.6 Million Asbestos-Exposure Verdict In Texas Not Supported By Sufficient Evidence
The Supreme Court of Texas held last week that the standard of substantial factor causation previously recognized by the court in asbestosis cases also applies to mesothelioma cases. The case involved claims by the estate of a 40-year old individual who died from mesothelioma against 40 defendants based on asbestos exposure. In 2006, a jury awarded the estate $6.8 million in...
Defendants Win Summary Judgment In Australian Plane Crash Case In Illinois Federal Court
Posted on Jul 16, 2014 in Product Liability, Transportation | Comments Off on Defendants Win Summary Judgment In Australian Plane Crash Case In Illinois Federal Court
The estate administrators of victims of an Australia plane crash sued three companies in the United States alleging that the pilots’ navigational charts and the plane’s ground proximity warning system (“GPWS”) caused the crash. In granting the defendants’ motion for summary judgment, the U.S. District Court for the Northern District of Illinois held that the plaintiffs failed to...
Asbestos MDL Court Concludes Punitive Damages For Unseaworthiness Allowed For Seaman But Not For A Seaman’s Personal Representative In Survival Actions
Posted on Jul 15, 2014 in Energy/Environmental, OSHA, Product Liability, Transportation, Workplace Safety | Comments Off on Asbestos MDL Court Concludes Punitive Damages For Unseaworthiness Allowed For Seaman But Not For A Seaman’s Personal Representative In Survival Actions
In the consolidated asbestos products liability MDL pending in the U.S. District Court for the Eastern District of Pennsylvania, the court had the opportunity last week to address significant issues with respect to the maritime cases in the MDL brought by various merchant marines and their representatives, survivors, and spouses. The court considered whether punitive damages are...
Tenth Circuit Confirms Need To Ensure Safety Recommendations Are Adequately Considered And Implemented
Posted on Jul 14, 2014 in Energy/Environmental, Litigation, OSHA | Comments Off on Tenth Circuit Confirms Need To Ensure Safety Recommendations Are Adequately Considered And Implemented
The Tenth Circuit affirmed a district court’s grant of summary judgment to the owner of an oil refinery on a worker’s intentional tort claim arising from a workplace injury. The worker was a coker process operator and was injured while removing the head of a coke drum, a process that OSHA previously highlighted as carrying particular dangers when drums are removed and “hot spots”...
Judge In Surgical Mesh Products MDL Warns Parties Of Cumulative Expert Testimony
Posted on Jul 14, 2014 in Investigations, Product Liability | Comments Off on Judge In Surgical Mesh Products MDL Warns Parties Of Cumulative Expert Testimony
As part of seven MDLs involving surgical mesh products manufactured to treat female stress urinary incontinence, the presiding judge sorted through a number of Daubert expert challenges last week. The cases are assigned to U.S. District Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia. In one of the cases involving a medical device that...
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