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LexisNexis® Mealey's™ Asbestos Bankruptcy Legal News

The bankruptcy judge overseeing ASARCO LLC's Chapter 11 case on Sept. 24 recommended that a district court not consider ASARCO's modified sixth amended joint plan of reorganization when considering whether to accept his recommendation to confirm the parent's plan of reorganization (In re: ASARCO LLC, et al., No. 05-21207, S.D. Texas Bkcy.; In re: ASARCO LLC, et al., No. 09-177, S.D. Texas). Full story on lexis.com



NEWARK, N.J. - Insurance companies affected by Congoleum Inc.'s Chapter 11 bankruptcy on Aug. 27 asked the federal judge reinstating the bankruptcy to amend his order so they can file an interlocutory appeal of the order and for a stay pending the appeal. Congoleum and the future claimants' representative on Sept. 10 filed briefs opposing the motion (In re: Congoleum Corp., No. 09-1337, D. N.J.). Full story on lexis.com



NEWARK, N.J. - Confirmation hearings in G-I Holdings Inc.'s Chapter 11 case began Sept. 30, with G-I Holdings filing its seventh amended plan of reorganization. G-I Holdings had filed a brief in support of its sixth amended plan on Sept. 24 (In re: G-I Holdings Inc., et al., No. 01-30135, D. N.J. Bkcy.). Full story on lexis.com



WILMINGTON, Del. - A Delaware federal judge on Sept. 29 reversed a decision by the bankruptcy court overseeing W.R. Grace & Co.'s Chapter 11 case, holding that statutes of limitations did not bar more than $130 million in property damage claims asserted by the State of California (In re: W.R. Grace & Co., et al., State of California Department of General Services v. W.R. Grace, No. 08-863, D. Del.; See November 2008, Page 6). Full story on lexis.com



WILMINGTON, Del. - The federal bankruptcy judge overseeing W.R. Grace & Co.'s Chapter 11 case in Delaware on Sept. 9 approved a stipulation resolving a claims dispute between it and the issuers of an appeals bond (In Re W.R. Grace & Co., et al., No. 01-1139, D. Del. Bkcy.). Full story on lexis.com



NEWARK, N.J. - Congoleum Corp. on Aug. 28 moved the New Jersey federal court overseeing its Chapter 11 bankruptcy to enforce the automatic stay of bankruptcy to keep excess insurers from asserting affirmative defenses in a state court coverage action; the insurers on Sept. 10 and Sept. 16 filed briefs opposing enforcement of the stay (In re: Congoleum Corp., et al., No. 09-4371, D. N.J.). Full story on lexis.com



Case name: In re: The Flintkote Co., et al. Case number: 04-11300 Court: D. Del. Bkcy. Judge: Judith K. Fitzgerald Full story on lexis.com



Case name: In re W.R. Grace & Co., et al. Case number: 01-1139 Court: D. Del. Bkcy. Judge: Judith K. Fitzgerald Full story on lexis.com



Case name: In re: ASARCO, et al. Case number: 05-21207 Court: S.D. Texas Bkcy. Judge: Richard S. Schmidt Full story on lexis.com



Case name: In re: ASARCO, et al. Case number: 05-21207 Court: S.D. Texas Bkcy. Judge: Richard S. Schmidt Full story on lexis.com



Case name: In re W.R. Grace & Co., et al. Case number: 01-1139 Court: D. Del. Bkcy. Judge: Judith K. Fitzgerald Full story on lexis.com



Case name: In re: G-I Holdings Inc., et al. Case number: 01-30135 Court: D. N.J. Bkcy. Judge: Rosemary Gambardella Full story on lexis.com



Case name: In re: ASARCO, et al. Case number: 05-21207 Court: S.D. Texas Bkcy. Judge: Richard S. Schmidt Full story on lexis.com



Case name: In re: ASARCO, et al. Case number: 05-21207 Court: S.D. Texas Bkcy. Judge: Richard S. Schmidt Full story on lexis.com



Case name: In re: Quigley Company Inc. Case number: 04-15739 Court: S.D. N.Y. Bkcy. Judge: Stuart M. Bernstein Full story on lexis.com



Case name: In re: The Flintkote Co., et al. Case number: 04-11300 Court: D. Del. Bkcy. Judge: Judith K. Fitzgerald Full story on lexis.com



Case name: In re: ASARCO, et al. Case number: 05-21207 Court: S.D. Texas Bkcy. Judge: Richard S. Schmidt Full story on lexis.com



LOS ANGELES - On Sept. 8, two groups of insurance companies filed separate objections to a proposed settlement of $51 million cash and $200 million in bonds between Thorpe Insulation and a third group of insurers (In re: Thorpe Insulation Co., No. 07-19271, C.D. Calif. Bkcy.). Full story on lexis.com



WILMINGTON, Del. - The judge overseeing W.R. Grace & Co.'s Chapter 11 case on Sept. 11 approved the sale of W.R. Grace's construction products firestopping and abatement business to The RectorSeal Corp. for $5.1 million in cash (In Re W.R. Grace & Co., et al., No. 01-1139, D. Del. Bkcy.). Full story on lexis.com



MINNEAPOLIS - A Minnesota federal magistrate judge on Sept. 16 limited the number of discovery requests that can be served in an asbestos coverage action but refused to stay discovery until a decision is entered on the insurers' motion for judgment on the pleadings because the insurers failed to meet their burden of proving that the stay is necessary (A.P.I. Inc. Asbestos Settlement Trust, et al. v. Home Insurance Co., et al., No. 09-975, D. Minn.). Full story on lexis.com



DETROIT - A Michigan federal judge on Sept. 9 allowed a first amended complaint to be filed to address an insurer's obligation to pay defense costs in connection with asbestos claims (Federal-Mogul U.S. Asbestos Personal Injury Trust v. Continental Casualty Co., et al., No. 08-14060, E.D. Mich.). Full story on lexis.com



CHICAGO - Two companies did not cause a man's death by exposing him to asbestos, a jury in Cook County, Ill., found Sept. 4 (Eva Mulcahy, et al. v. Crane Co., General Electric Co., No. 08-L-6223, Ill. Cir., Cook Co.). Full story on lexis.com



LOS ANGELES - A $2 million punitive damages award to a man's family in an asbestos exposure suit did not punish the defendant for conduct outside of California or for harm to anyone other than the plaintiffs, an appeals panel held Sept. 1, affirming the award in an unpublished opinion (Donna Walmach v. Foster Wheeler, No. B203962, Calif. App., 2nd Dist., Div. 3; 2009 Cal. App. Unpub. LEXIS 7092). Full story on lexis.com



HOUSTON - An asbestos settlement releasing a group of companies, including an employer not named in the action, for liability from all claims includes those later brought by survivors, a Texas appeals court held Aug. 25 (Marjorie Ross, et al. v. Union Carbide Corp., No. 14-07-00860-CV, Texas App., 14th Dist.). Full story on lexis.com



EAST ST. LOUIS, Ill. - A company's entitlement to indemnification from a bankrupt automobile manufacturer does not transform the asbestos action into a "core bankruptcy proceeding," an Illinois federal judge held in remanding a case on Aug. 31 (Tammy Funk, et al. v. A.W. Chesterton Inc., et al., No. 09-660, S.D. Ill.; 2009 U.S. Dist. LEXIS 77777). Full story on lexis.com



ELKINS, W.Va. - A lawyer and his law firm are not liable for fraudulent asbestos claims they filed against a railroad, a federal jury in West Virginia held Aug. 14 (CSX Transportation Inc. v. Robert V. Gilkison, et al., No. 05-202, N.D. W.Va.). Full story on lexis.com



SYDNEY, Australia - An Australian justice on Aug. 20 ordered penalties and disqualifications in a civil case brought by the Australian Securities and Investment Commission (ASIC) against a former asbestos products manufacturer and its executives regarding certain statements they made to the public about the amount of funding available to pay all asbestos-related claims, ordering that James Hardie Industries NV (JHINV) and the executives pay a total of $750,000 in penalties (Australian Securities and Investments Commission v. Peter Macdonald and others, No. 1490/07, New South Wales Sup.). Full story on lexis.com



LOS ANGELES - An appeals court on Aug. 25 found that a trial court properly stayed a California asbestos action in favor of the claimant filing his case in Canada but found that the trial court erred in dismissing the case in fewer than two years for failure to diligently prosecute (Forbes M. Campbell v. American Standard Inc., et al., No. B209923, Calif. App., 2nd Dist., Div. 4; 2009 Cal. App. Unpub. LEXIS 6890). Full story on lexis.com



NEWARK, N.J. - Congoleum Corp. will get another shot at having its Chapter 11 bankruptcy plan of reorganization approved; a New Jersey federal judge on Aug. 17 overruled a bankruptcy court order dismissing the bankruptcy and took over the role of handling the case (In re: Congoleum Corp., No. 09-1337, D. N.J.; See June 2009, Page 10). Full story on lexis.com



CORPUS CHRISTI, Texas - The bankruptcy judge overseeing ASARCO LLC's Chapter 11 bankruptcy recommended Aug. 31 that the plan of reorganization proposed by ASARCO's parent be approved (In re: ASARCO, et al., No. 05-21207, S.D. Texas Bkcy.). Full story on lexis.com



NEWARK, N.J. - Hercules Chemical Co. Inc. on Sept. 1 filed its plan of reorganization, disclosure statement and a motion seeking an order approving its disclosure statement and procedures related to its Chapter 11 plan of reorganization (In re: Hercules Chemical Company Inc., No. 08-27822, D. N.J.). Full story on lexis.com



WILMINGTON, Del. - W.R. Grace & Co. on Aug. 7 filed multiple briefs in support of its plan of reorganization in preparation for the start of Phase II of the confirmation hearings (In Re W.R. Grace & Co., et al., No. 01-1139, D. Del. Bkcy.). Full story on lexis.com



CORPUS CHRISTI, Texas - ASARCO LLC on Aug. 19 filed in a Texas bankruptcy court a stipulation outlining agreements reached between it and several insurance companies that had opposed the plan of reorganization it had filed in its Chapter 11 bankruptcy case (In re: ASARCO, et al., No. 05-21207, S.D. Texas Bkcy.). Full story on lexis.com



CORPUS CHRISTI, Texas - The judge overseeing ASARCO LLC's Chapter 11 bankruptcy on Aug. 25 signed two stipulations and orders related to objections asserted by several insurers to a plan of reorganization submitted by ASARCO's parent (In re: ASARCO, et al., No. 05-21207, S.D. Texas Bkcy.). Full story on lexis.com



CORPUS CHRISTI, Texas - The federal judge overseeing ASARCO Inc.'s Chapter 11 bankruptcy on Aug. 12 stayed an order providing for the reimbursement of expenses associated with the auction and proposed sale of the judgment ASARCO received in its fraudulent stock transfer case against its parent, while the parent filed two separate motions seeking to exclude the expert hired by ASARCO to provide an opinion as to the value of the judgment (In re: ASARCO, et al., No. 05-21207, S.D. Texas Bkcy.). Full story on lexis.com



Case name: In re: Thorpe Insulation Co. Case number: 07-19271 Court: C.D. Calif. Bkcy. Judge: Sheri Bluebond Full story on lexis.com



Case name: In Re W.R. Grace & Co., et al. Case number: 01-1139 Court: D. Del. Bkcy. Judge: Judith K. Fitzgerald Full story on lexis.com



Case name: In re W.R. Grace & Co., et al. Case number: 01-1139 Court: D. Del. Bkcy. Judge: Judith K. Fitzgerald Full story on lexis.com



Case name: In re W.R. Grace & Co., et al. Case number: 01-1139 Court: D. Del. Bkcy. Judge: Judith K. Fitzgerald Full story on lexis.com



Case name: In re: ASARCO, et al. Case number: 05-21207 Court: S.D. Texas Bkcy. Judge: Richard S. Schmidt Full story on lexis.com



Case name: In re: Thorpe Insulation Co. Case number: 07-19271 Court: C.D. Calif. Bkcy. Judge: Sheri Bluebond Full story on lexis.com



Case name: In re: The Flintkote Co., et al. Case number: 04-11300 Court: D. Del. Bkcy. Judge: Judith K. Fitzgerald Full story on lexis.com



Case name: In re W.R. Grace & Co., et al. Case number: 01-1139 Court: D. Del. Bkcy. Judge: Judith K. Fitzgerald Full story on lexis.com



Case name: In re W.R. Grace & Co., et al. Case number: 01-1139 Court: D. Del. Bkcy. Judge: Judith K. Fitzgerald Full story on lexis.com



Case name: In re W.R. Grace & Co., et al. Case number: 01-1139 Court: D. Del. Bkcy. Judge: Judith K. Fitzgerald Full story on lexis.com



Case name: In re: ASARCO, et al. Case number: 05-21207 Court: S.D. Texas Bkcy. Judge: Richard S. Schmidt Full story on lexis.com



WILMINGTON, Del. - The judge overseeing W.R. Grace & Co.'s Chapter 11 bankruptcy on Aug. 19 signed an order approving a stipulation to resolve a claim arising from environmental liabilities at a Missouri site it leased from another company (In Re W.R. Grace & Co., et al., No. 01-1139, D. Del. Bkcy.). Full story on lexis.com



CORPUS CHRISTI, Texas - The Texas judge overseeing ASARCO LLC's Chapter 11 bankruptcy on Aug. 25 signed a stipulation and order allowing claims of Montana Resources Inc. (MRI) and dismissing an adversary proceeding between the parties (In re: ASARCO, et al., No. 05-21207, S.D. Texas Bkcy.). Full story on lexis.com



NEWARK, N.J. - G-I Holdings Inc. on Aug. 20 filed five separate objections to claims seeking damages related to G-I's alleged failure to pay its share of funds into the Center for Claims Resolution (CCR), saying an agreement it reached with CCR extinguishes the claims (In re: G-I Holdings Inc., et al., No. 01-30135, D. N.J. Bkcy.). Full story on lexis.com



WILMINGTON, Del. - W.R. Grace & Co. on Aug. 11 moved the bankruptcy court overseeing its Chapter 11 case for an order approving a stipulation resolving a claims dispute between it and the issuers of an appeals bond (In Re W.R. Grace & Co., et al., No. 01-1139, D. Del. Bkcy.). Full story on lexis.com



WILMINGTON, Del. - W.R. Grace & Co. on Aug. 18 moved for approval of the sale of its construction products firestopping and abatement business to The RectorSeal Corp. for $5.1 million in cash (In Re W.R. Grace & Co., et al., No. 01-1139, D. Del. Bkcy.). Full story on lexis.com



SYRACUSE, NY - An insurer on July 29 sued a reinsurer in New York federal court for allegedly failing to pay $25 million in asbestos claims covered by reinsurance certificates issued in the 1960s and 1970s (Utica Mutual Insurances Company v. Fireman's Fund Insurance Company, No. 09-cv-00853, N.D. N.Y.). Full story on lexis.com



SPRINGFIELD, Ill. - An Illinois jury on Aug. 13 returned a $2 million verdict in an asbestos case but found in favor of two of the three defendant companies (William and Sharon Willis v. 84 Lumber Co., et al., No. 07-L-0327, Ill. Cir., 7th Cir., Sangamon Co.). Full story on lexis.com



Case name: Eva Borbon, et al. v. Advocate Mines Ltd. Case number: 443203 Court: Calif. Super., San Francisco Co. Full story on lexis.com



NEW YORK - A bankruptcy judge's approval of the free-and-clear sale of a majority of the assets of troubled U.S. automaker Chrysler LLC - eliminating claims by unsecured creditors such as pension funds and asbestos claimants - was not an abuse of discretion, the Second Circuit U.S. Court of Appeals ruled in an opinion obtained by Mealey Publications on Aug. 10 (In re: Chrysler LLC, No. 09-2311, 2nd Cir.). Full story on lexis.com



WILMINGTON, Del. - A judge properly admitted expert testimony that supported a man's claim that exposure to the chrysotile asbestos in the brakes on Ford Motor Co. automobiles led to his mesothelioma, a divided Delaware Supreme Court affirmed Aug. 24 (General Motors Corp. and Ford Motor Co. v. Roland Leo Grenier Sr., Nos. 453,2007, 578,2007, Del. Sup.; 2009 Del. LEXIS 438). Full story on lexis.com



SAN FRANCISCO - A company hit with an asbestos jury award in excess of $8 million, and whose sole remaining insurer is insolvent, is not entitled to have the award reduced to the coverage limit of California's insurance guarantor, a California judge held Aug. 21 (Jack Reynolds v. Asbestos Defendants, No. 274747, Calif. Super., San Francisco Co.). Full story on lexis.com



LONDON - After a Canadian company was fined for potentially exposing employees and contractors to asbestos at a plant, the U.K. Health and Safety Executive (HSE) on Aug. 6 issued a warning to all employers. Full story on lexis.com



NEW YORK - Urging caution after university research revealed that taconite dust causes asbestos-like diseases, a New York asbestos plaintiff's attorney argues in a July 30 press release that the government should consider expanding its definition of asbestos and do more to limit exposures to the material. Full story on lexis.com



CORPUS CHRISTI, Texas - Confirmation hearings were scheduled to begin Aug. 10 in ASARCO LLC's Chapter 11 bankruptcy with plans by the debtor and its parent remaining after a holder of the principal amount of unsecured bonds and debentures withdrew its plan from consideration at the hearing (In re: ASARCO, et al., No. 05-21207, S.D. Texas Bkcy.). Full story on lexis.com



WILMINGTON, Del. - Parties opposing confirmation of W.R. Grace's plan of reorganization on July 13 filed in Delaware bankruptcy court trial briefs for Phase II of the confirmation while on July 20, W.R. Grace filed its pretrial statement outlining what it thinks will be the legal contentions that may arise during the hearing (In Re W.R. Grace & Co., et al., No. 01-1139, D. Del. Bkcy.). Full story on lexis.com



WILMINGTON, Del. - Parties involved in the Phase I trial of W.R. Grace & Co.'s plan of confirmation hearing filed post-trial briefs with the U.S. Bankruptcy Court for the District of Delaware in further support or opposition to the plan (In Re W.R. Grace & Co., et al., No. 01-1139, D. Del. Bkcy.). Full story on lexis.com



WILMINGTON, Del. - The judge overseeing the Flintkote Co. and Flintkote Mines Limited Chapter 11 bankruptcy on July 3 approved the scope for the resolicitation of votes for the amended joint plan of reorganization and supplemental voting procedures and set a confirmation hearing date (In re: The Flintkote Company and Flintkote Mines Limited, No. 04-11300, D. Del. Bkcy.). Full story on lexis.com



PITTSBURGH - The judge overseeing Pittsburgh Corning Corp.'s (PCC) Chapter 11 bankruptcy case on July 6 approved the company's third amended disclosure statement and scheduled a hearing on confirmation of the plan (In re: Pittsburgh Corning Corp., et al., No. 00-22876, W.D. Pa. Bkcy.). Full story on lexis.com



MIAMI - A Florida bankruptcy judge on Aug. 6 held that a successor-in-interest to a business that re-emerged from Chapter 11 bankruptcy must face a lawsuit arising from allegations that products produced by the original business caused a woman's mesothelioma because the claims were not discharged in either of the previous company's two bankruptcies (In re Evans Products Co., et al., Nos. 85-512, 85-519, S.D. Fla. Bkcy.). Full story on lexis.com



LOS ANGELES - The California bankruptcy judge overseeing Thorpe Insulation Co.'s Chapter 11 bankruptcy on July 21 issued separate orders and findings of fact and conclusions of law in sustaining Thorpe's objection to two proofs of claims filed by insurance companies alleging that Thorpe violated a settlement agreement by helping a law firm bring direct action cases against them (In re Thorpe Insulation Co., No. 07-19271, C.D. Calif. Bkcy.). Full story on lexis.com



BALTIMORE - Porter Hayden Co.'s bankruptcy discharge does not release its insurer from liability to the asbestos claimants, a Maryland federal judge said July 7 in granting the insured's motion for partial summary judgment (National Union Fire Insurance Company of Pittsburgh, Pa., et al. v. Porter Hayden Co., et al., No. AMD 03-3408, D. Md.). Full story on lexis.com



BROWNSVILLE, Texas - The parent company of ASARCO LLC on July 20 filed a notice in the U.S. District Court for the Southern District of Texas that it intends to appeal an opinion issued the same day by the court denying its request to alter a judgment awarding ASARCO damages in a fraudulent stock transfer case (ASARCO LLC, et al. v. Americas Mining Corp., No. 07-18, S.D. Texas). Full story on lexis.com



CORPUS CHRISTI, Texas - The bankruptcy judge overseeing ASARCO LLC's Chapter 11 bankruptcy on July 29 approved ASARCO's motion for expense reimbursement in connection with the auction and proposed sale of the judgment it received in its fraudulent stock transfer case against its parent (In re: ASARCO, et al., No. 05-21207, S.D. Texas Bkcy.). Full story on lexis.com



Case name: In re: Pittsburgh Corning Corp. Case number: No. 00-22876 Court: W.D. Pa. Bkcy. Judge: Judith K. Fitzgerald Full story on lexis.com



Case name: In Re: ASARCO LLC, et al. Case number: 05-21207 Court: S.D. Texas Bkcy. Judge: Richard S. Schmidt Full story on lexis.com



Case name: In re: ASARCO LLC, et al. Case number: 05-21207 Court: S.D. Texas Bkcy. Judge: Richard S. Schmidt Full story on lexis.com



Case name: In Re Quigley Company Inc. Case number: 04-15739 Court: S.D. N.Y. Bkcy. Judge: Stuart M. Bernstein Full story on lexis.com



Case name: In re Plant Insulation Co. Case number: 09-31347 Court: N.D. Calif. Bkcy. Judge: Thomas E. Carlson Full story on lexis.com



Case name: In re Plant Insulation Co. Case number: 09-31347 Court: N.D. Calif. Bkcy. Judge: Thomas E. Carlson Full story on lexis.com



Case name: In re W.R. Grace & Co., et al. Case number: 01-1139 Court: D. Del. Bkcy. Judge: Judith K. Fitzgerald Full story on lexis.com



Case name: In re W.R. Grace & Co., et al. Case number: 01-1139 Court: D. Del. Bkcy. Judge: Judith K. Fitzgerald Full story on lexis.com



LOS ANGELES - The California bankruptcy judge overseeing Thorpe Insulation Co.'s Chapter 11 bankruptcy on July 21 issued an order and findings of facts and conclusion of law denying two insurers' motion to compel arbitration of claims alleging that Thorpe violated a settlement agreement by helping a law firm bring direct action cases against them, saying the interests of judicial economy suggested that the same body hear objections to the claims and hearings related to confirmation of the plan of reorganization (In re Thorpe Insulation Co., No. 07-19271, C.D. Calif. Bkcy.). Full story on lexis.com



WILMINGTON, Del. - W.R. Grace & Co. on July 8 moved the court overseeing its Chapter 11 bankruptcy case for an order approving a stipulation to resolve a claim arising from environmental liabilities at a Missouri site it leased from another company (In Re W.R. Grace & Co., et al., No. 01-1139, D. Del. Bkcy.). Full story on lexis.com



WILMINGTON, Del. - W.R. Grace & Co. and a company that purchased a vermiculite facility from W.R. Grace on July 16 filed with the Delaware bankruptcy court overseeing W.R. Grace's Chapter 11 case a stipulation resolving a claim for damages the company allegedly suffered from having difficulties selling or renting the property (In re W.R. Grace & Co., et al., No. 01-1139, D. Del. Bkcy.). Full story on lexis.com



CORPUS CHRISTI, Texas - ASARCO LLC and its majority bondholders and indenture trustees on Aug. 3 filed a notice of agreement in principle, resolving a dispute over how claims will be paid in ASARCO's Chapter 11 bankruptcy (In re: ASARCO, et al., No. 05-21207, S.D. Texas Bkcy.). Full story on lexis.com



CORPUS CHRISTI, Texas - On July 28, ASARCO LLC moved the Texas bankruptcy court overseeing its bankruptcy for an entry of stipulation regarding the partial allowance and partial disallowance of claims purchased by ASM Capital post-petition (In re: ASARCO, et al., No. 05-21207, S.D. Texas Bkcy.). Full story on lexis.com



CORPUS CHRISTI, Texas - The Texas bankruptcy judge overseeing ASARCO LLC's Chapter 11 bankruptcy on July 15 partially granted and partially denied ASARCO's motion seeking to compel the production of documents from its parent (In re: ASARCO, et al., No. 05-21207, S.D. Texas Bkcy.). Full story on lexis.com



WASHINGTON, D.C. - The U.S. Chamber of Commerce and U.S. Chamber Institute for Legal Reform on July 21 sent a letter to the president of the Claims Resolution Management Corp. (CRMC), asking the Manville Personal Injury Settlement Trust to permanently ban any new claims in which Dr. R. Michael Kelly was the diagnosing doctor. Full story on lexis.com



SAN FRANCISCO - Neither recent changes to the law nor the argument that locomotives aren't "in use" during brake repairs save a couple's allegations of exposure to such asbestos-containing products from preemption, a California appeals court held May 9 (Alva Ransford, et al. v. Griffin Wheel Company, Inc., No. A121620, Calif. App., 1st Dist., Div. 2; 2009 Cal. App. Unpub. LEXIS 5568). Full story on lexis.com



ROANOKE, Va. - A man's settlement of asbestosis and fear-of-cancer claims does not bar his son from bringing a wrongful death claim based on subsequently diagnosed mesothelioma, a Virginia circuit judge held June 17 (Albert M. Wade, et al. v. Norfolk Southern Railway Co., No. CL05-523, Va. Cir., Roanoke City; 2009 Va. Cir. LEXIS 26). Full story on lexis.com



BALTIMORE - An asbestos expert for the defense accused in Maryland federal court of ethical violations for failing to properly disclose his outside consulting work and income and using government time and resources for such work satisfied the $200,000 judgment against him on July 9 (United States of America v. Jack W. Snyder, No. 08-512, D. Md.). Full story on lexis.com



YOUNGSTOWN, Ohio - Under Ohio Supreme Court precedent, the prima facie showing required by the state's asbestos legislation applies retroactively, an Ohio appeals court held in an opinion posted online on July 7 (Charles James, et al. v. A-Best Products Co., et al., Nos. 07-MA-42 ? 07-MA-51, Ohio App., 7th Dist.; 2009 Ohio App. LEXIS 2825). Full story on lexis.com



SEATTLE - Under recent Washington Supreme Court case law, a manufacturer does not have a duty to warn about the potential danger of asbestos-containing material that could later be added to its products after their sale, a Washington appeals court held July 13 (Ruby J. Anderson, et al. v. Asbestos Corp., et al., No. 60271-3-I, Wash, App., Div. I; 2009 Wash. App. LEXIS 1708). Full story on lexis.com



PERTH, Australia - An Australian appeals court on June 26 found that a trial judge did not err when he found no special basis for awarding indemnity costs to a claimant who was awarded an $840,000 verdict for fibrosis caused by asbestos exposure while working as a mechanic for the Ford Motor Company of Australia Ltd., dismissing his cross-appeal of a judgment ordering the costs to be taxed if not agreed upon by the parties (Ford Motor Company of Australia Ltd. v. Lo Presti, No. [2009] WASCA 115, Western Australia App.). Full story on lexis.com



WILMINGTON, Del. - A manufacturer fails to demonstrate why litigating claims of exposure to asbestos on U.S. warships brought by Spanish nationals in Delaware's courts would cause it overwhelming hardship, a Delaware judge held June 11 in denying dismissal on forum non conveniens (Manuel Letran Lluerma and Juana Bazuelo Ordiales v. Owens-Illinois Inc., et al., No. 04C-09-122 ASB, Del. Super., New Castle Co.). Full story on lexis.com



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