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18 Nov 2008, 10:36 am
The Court is likely to determine the point when mesothelioma is sustained, a decision which may have major implications for the insurance market and for potential asbestos claimants (see previous blog by clicking here). [read post]
23 Oct 2008, 10:40 am
No new substantive burdens are placed on claimants. [read post]
22 Oct 2008, 12:25 pm
Eight years later, Kirk filed suit when he developed colorectal cancer as a result of the asbestos exposure. [read post]
17 Oct 2008, 7:11 pm
A class action suit filed by 150 claimants in Madison County claims that they were unaware of the dangers of asbestos exposure because of false and misleading information provided. [read post]
17 Sep 2008, 4:34 pm
It is worth noting in this regard that the impersonal, abstract stereotype of the "litigious plaintiff" masks the racial, gendered, and class features of those claimants, claims, and contexts that it commonly targets. [read post]
1 Sep 2008, 7:52 pm
.), 43 F.3d 714, 718-23 (1st Cir. 1994) (product liability case against successor not enjoined by "free and clear" sale where tort claim arose before sale but debtor made no effort to notify claimant of sale); Lemelle v. [read post]
27 Aug 2008, 11:00 am
Some of his proposed solutions could be implemented unilaterally by judges (such as allowing "defendants to discover all of the medical reports prepared by a litigation doctor for other screened claimants if that doctor prepared a medical report for a litigant before the court," whether or not the doctor is an expert). [read post]
25 Aug 2008, 10:55 am
The court also examined prior precedents where medical monitoring was approved, and found those precedents were limited to personal injury stemming from asbestos exposure and exposure to environmental contamination. [read post]
19 Aug 2008, 10:54 am
"Fortunately the story had a happy ending and the Claimant's solicitors, Irwin Mitchell, were found to have a defective CFA and their costs were disallowed. [read post]
12 Aug 2008, 4:36 pm
The Court reasoned the asbestos claims did not arise until a symptomatic manifestation of asbestos injury. [read post]
12 Aug 2008, 4:36 pm
The Court reasoned the asbestos claims did not arise until a symptomatic manifestation of asbestos injury. [read post]
12 Aug 2008, 4:36 pm
The Court reasoned the asbestos claims did not arise until a symptomatic manifestation of asbestos injury. [read post]
14 Jul 2008, 3:29 pm
The court further refused to sever the retroactivity provision from the rest of the Act, stating that “the singular purpose [of the Act] is to end litigation by claimants who have been damaged by asbestos exposure without resulting malignancy or physical impairment . . . the entire Act is tied to that aim. [read post]
26 Jun 2008, 12:54 pm
The Scottish Government published a Bill on 23 June that, if enacted, will overrule the decision of the House of Lords in October 2007 that pleural plaques do not give rise to a cause of action such that claimants can recover compensation.The Damages (Asbestos–related Conditions) (Scotland) Bill provides that: • a person may recover damages for… [read post]
25 Jun 2008, 8:24 am
COURT OF APPEALS, SECOND CIRCUITBankruptcyPanel Reverses Approval of Proposed Structure For Ship Line's Payment of Asbestos ClaimsAsbestosis Claimants v. [read post]
16 Jun 2008, 7:58 pm
Thereafter, however, the burden shifts to the insured, injured person or other claimant. [read post]
23 May 2008, 10:17 pm
Plaintiffs allegedly exposed to harm—from asbestos, tobacco, toxics, pharmaceuticals, and devices—will surely rely on Associate Justice Walters’ concurrence in Lowe to try to reopen the door to medical monitoring relief. [read post]
22 May 2008, 7:06 am
And it is not over: due to the decades-long latency period of alleged asbestos related diseases, most experts estimate that only 75 percent of the final number of asbestos claimants have come forward. [read post]
14 May 2008, 8:55 am
A novel means of processing asbestos claims was initiated in 1988, when the Johns-Manville corporation emerged from bankruptcy and established the Manville Personal Injury Settlement Trust, the first "bankruptcy trust" set up to pay out money to asbestos claimants. [read post]
13 May 2008, 10:39 am
The Court of Appeal in Bolton Metropolitan Council v Municipal Mutual and Commercial Union [2006] EWCA Civ 50 considered two public liability policies and determined that the point when injury occurred in respect of mesothelioma was not when the claimant inhaled the asbestos fibre because at that point he had suffered no injury. [read post]
