Scapa Dryer Fabrics v. Knight – Half of $10.5M Asbestos Judgment in Limbo
A man who sued a fabric manufacturer, among other defendants, for asbestos exposure after he developed mesothelioma was awarded a total of $10.5 million by the trial court. But one of those defendants (responsible for $4 million of that $10.5 million verdict) appealed, and in Scapa Dryer Fabrics Inc. v. Knight, a Georgia appellate court affirmed. Now, […]
Take-Home Asbestos Case Nets $3.5M Verdict for Mesothelioma Victim’s Family
Most lawsuits stemming from a mesothelioma diagnosis are filed by or on behalf of workers who were exposed to deadly asbestos dust on the job. However, a growing number of successful claims are being brought by immediate family members of those workers in cases we sometimes refer to as “take-home asbestos.” The moniker is fairly […]
Defendants Pursue Genetic Mutation Theory in Asbestos Cases
A seemingly novel defense appears to be gaining steam as yet another defense team is pursuing the “genetic mutation” theory in a case of asbestos injury. The burgeoning hypothesis is that some people are genetically predisposed to developing asbestos-related diseases, such as asbestosis, lung cancer, and mesothelioma. The gene, “BAP1” is being used to explain […]
Kaenzig v. Charles B. Chrystal Co. – Talc Asbestos Verdict for Plaintiff Affirmed
A landmark asbestos case verdict against a talc supplier has withstood appeal in New Jersey, where the appellate court affirmed a $1.6 million judgment in favor of the plaintiff, who was allegedly exposed to the asbestos-contaminated talcum powder as a child by his father, an employee at a cosmetics company warehouse. The defendant firm in Kaenzig […]
Judge Refuses Dismissal of Veteran’s Asbestos Disease Claim
Refusing an asbestos defendant’s request to dismiss a claim by a Navy veteran for liability for his illness, a federal judge ruled plaintiff’s list of seven ships on which he served is sufficient proof of exposure to the toxic substance. The case is being heard in the U.S. District Court for the Southern District of […]
Gene Mutation Argued as Mesothelioma Link by Defendants
Mesothelioma plaintiff attorneys are up against a novel defense that has been made thus far in at least five pending cases. It is the assertion that a gene mutation in certain people (i.e., plaintiffs) creates a greater propensity to develop diseases such as asbestosis and mesothelioma. This, of course, deflects the blame from where it […]
FACT Act of 2015 Would Curb Mesothelioma Plaintiffs’ Compensation
Legislators are once again weighing a measure designed to curtail the rights of mesothelioma victims seeking compensation from asbestos bankruptcy settlement trusts. The Furthering Asbestos Claim Transparency (FACT) Act of 2015 has been introduced in the U.S. House of Representatives, and has passed to the House Judiciary Committee for the first round of consideration. If approved, the […]
Riggs v. Georgia-Pacific: Wrongful Death Claim Allowed Despite Prior Personal Injury Award
A wrongful death lawsuit brought by survivors of a mesothelioma victim will be allowed to proceed, despite a previous successful personal injury lawsuit the woman filed on her own behalf prior to her death. In Riggs v. Georgia-Pacific LLC, justices on the Utah Supreme Court ruled that wrongful death actions are separate from personal injury actions […]
Garlock Settles All Future Asbestos Claims in Precedent-Setting Deal
In a precedent-setting settlement deal with future asbestos claimants, Garlock Sealing Technologies agreed to pay nearly $360 million over the course of the next four decades. However, the actual amount available to future claimants will be closer to $236 million, after tax deductions and settlements of certain claimants who filed pre-petition. That amount is nearly […]
Court: Limited Asbestos Exposure Could Cause Asbestosis
Both state and federal courts weighing the issue of “how much asbestos exposure is too much” have tended to reject the notion that any exposure to the toxic substance is grounds for litigation. Typically, one has to prove repeated exposure through specific sources, usually over the course of months, years, or even decades, and then […]
