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5 May 2022, 9:01 pm by Kate Waldock
§ 1102(a)(1). [12] See In re Johns-Manville Corp., 26 B.R. 919 (Bankr. [read post]
8 Aug 2017, 4:11 am
Some of the companies listed as defendants were Fibreboard, Johns-Manville, and Owens Corning Fiberglas. [read post]
9 Nov 2015, 7:09 am
Back in 2009 – when the blog was still a Bexis/Herrmann operation – we wrote a catch-all punitive damages post entitled (oddly enough) “On Punitive Damages. [read post]
5 Jun 2013, 5:29 am by Schachtman
Sander Greenland and others have raised various theoretical objections to the argument that relative risks should exceed two before attribution can be made in specific cases. [read post]
13 Feb 2017, 8:22 am
Surprisingly, asbestos is not entirely banned in the U.S. [read post]
20 Sep 2014, 11:07 am by Schachtman
Johns-Mansville Sales Corp., 781 F.2d 1061, 1062-65 (5th Cir. 1986) (rejecting pro-rata liability in favor of apportioned liability based upon relative causation of dose-related diseases) Mathematical certainty is not a prerequisite to apportionment; evidence that tends to show relative proportions of damages caused by each tortfeasor, or other source, is sufficient for a jury to apportion properly. [read post]
8 Aug 2020, 4:23 am by Schachtman
Beshada’s refusal to consider the industrial context of asbestos claims, with the usual involvement of sophisticated employers charged with providing a complex safety program for its workers, became the judicial norm in many decisions in state and federal courts. [read post]
8 Aug 2017, 4:11 am
Some of the companies listed as defendants were Fibreboard, Johns-Manville, and Owens Corning Fiberglas. [read post]
30 Aug 2012, 11:05 pm
Here's more in the continuing "Year in Review" series, delivering more of my backlog of twitter posts of case developments in the past 12 months. [read post]
1 Mar 2013, 2:30 pm by Bexis
JohnsManville Corp., 539 A.2d 871 (1988), where the defendants were asbestos manufacturers headquartered in Pennsylvania and the plaintiff was a New Jersey resident injured, mostly, in New Jersey (but also a little in Pennsylvania). [read post]
25 Apr 2015, 11:03 am by Schachtman
The first edition of the Reference Manual on Scientific Evidence [Manual] was published in 1994, a year after the Supreme Court delivered its opinion in Daubert. [read post]
28 Dec 2009, 8:34 pm
Join them -- just tune into this, or buy that," says Bill Manville, former advertising copywriter for Grey Advertising and now a New York Daily News columnist. [read post]
14 Aug 2011, 9:11 am by Schachtman
A recent editorial in the Annals of Occupational Hygiene is a poignant reminder of how oversold peer review is in the context of expert witness judicial gatekeeping. [read post]
27 Sep 2014, 10:06 am by Schachtman
This last hypothetical, however, ignores the reality of market dominance of a few manufacturers, such as Johns-Manville up through the end of asbestos use in insulation. [read post]
12 Dec 2021, 2:22 pm by admin
In assessing an association for causality, the starting point is “an association between two variables, perfectly clear-cut and beyond what we would care to attribute to the play of chance. [read post]