The Dallas Court of Appeals sitting en banc recently denied review of a panel decision that reversed an $8.8 million dollar asbestos verdict and rendered a take-nothing judgment in favor of an employer in Bell Helicopter Textron, Inc. v. Dickson. The Court found missing any evidence that the employer knew in the 1960s that the millboards at issue contained asbestos. Because there was no evidence the employer had actual, subjective knowledge of any asbestos exposure risk, the employer could not be held liable under Texas law.
Continue Reading Texas Appellate Court Divided On Reversal Of Jury Verdict In Favor Of Mesothelioma Plaintiffs

The Fourth Circuit recently held that a premises owner in an asbestos case was not liable to a pipefitter based on insufficient evidence of exposure and the independent contractor exception to landowner liability.

Continue Reading Fourth Circuit Affirms Summary Judgment Based on North Carolina Independent Contractor Exception

Specific causation in an asbestos matter was addressed in a recent decision by the First Department of the New York Supreme Court. Notably, the decision is the first time an appellate court in New York affirmed a jury verdict in a case where a plaintiff’s mesothelioma was caused by alleged asbestos-containing talcum powder. This decision should have limited, if any, implication on national toxic tort litigation because of the distinct facts relating to the case, however, an analysis of the case can provide valuable lessons for defendants preparing for trial.
Continue Reading Specific Causation Standard Further Addressed in New York

Virtual civil jury trials will be scheduled statewide in New Jersey starting April 5, 2021, with consent to proceed remotely not required as part of the state’s two-phase approach to virtual jury trials for all dockets and tracks during the COVID-19 pandemic.


Continue Reading Virtual Civil Jury Trials Begin Without Consent in New Jersey Beginning April 5

The Tennessee Supreme Court’s opinion in Carolyn Coffman et al v. Armstrong International, Inc., et al., at least implicitly, recognized a “bare metal defense” for the first time under Tennessee law. The Court addressed the issue of whether, under Tennessee law, equipment defendants “had a duty to warn of the dangers associated with the post-sale integration of asbestos-containing materials manufactured and sold by others.” The Court held that, under the Tennessee Products Liability Act (TPLA), Tenn. Code Ann. §29-28-101 through 108, the equipment defendants did not have a duty to warn end users about the post-sale incorporation of asbestos containing products manufactured by third parties.
Continue Reading Tennessee Supreme Court Implicitly Adopts the “Bare Metal Defense”

On August 24, 2020 in Ann Finch v. Covil Corp., 972 F.3d 507 (4th Cir. 2020), the Fourth Circuit Court of Appeals upheld a North Carolina federal district court’s decision, sustaining a $32.7 million verdict in favor of  the plaintiff in an asbestos-related wrongful death lawsuit against insulation contractor Covil Corporation. On appeal, Covil argued that the district court erred in instructing the jury as to proximate cause and refused to reduce the damages award, however the three-judge panel found no fault with the district court’s jury instructions or its rationale for refusing to reduce the jury verdict.


Continue Reading Fourth Circuit Refuses to Reduce Record-Breaking $32.7 Million Asbestos Verdict