Quoted from http://www.wisbar.org/AM/Template.cfm?Section=News&Template=/CM/ContentDisplay.cfm&ContentID=108523

State appeals courtreverses $1.5million award in asbestos case

The estate of a man who died from malignant mesothelioma did not produce enough evidence to prove he was exposed to the asbestos-containing brake shoes supplied by the defendant.

By Joe Forward, Legal Writer, State Bar of Wisconsin

Jan. 24, 2012 – In a recent decision, a Wisconsin appeals court reversed a $1.5 million damages award against a brake-shoe supplier whose product contained asbestos, concluding the evidence was insufficient to prove causation.

John Pender worked as a painter and glass setter for 41 years, from 1952 to 1993. In 2006, he was diagnosed with malignant mesothelioma and died shortly thereafter.

Pender’s estate sued various product manufacturers based on negligence and strict products liability, claiming the products they supplied to Pender’s employer, Harnischfeger Corp., contained asbestos that created an asbestos-laden dust when the brake shoes were grinded.

Pneumo Abex LLC, a brake shoe supplier, was one of the manufacturers. Abex did not dispute that its product contained asbestos. But in Estate of John Pender v. Pneumo Abex LLC, (Jan. 18, 2012), the District I Wisconsin Court of Appeals agreed with Abex that the estate did not produce sufficient evidence to prove Pender had actual exposure to Abex’s product.

[Article continues at original source]

Quoted from http://www.bloomberg.com/news/2012-01-03/union-carbide-asbestos-verdict-overturned-by-mississippi-court.html

Union Carbide Asbestos Verdict Erased by Mississippi Judge

By Laurence Viele Davidson – Jan 3, 2012 4:31 PM ET

A $322 million jury verdict in an asbestos case against Dow Chemical Co. (DOW)’s Union Carbide unit and Chevron Phillips Chemical Co. was overturned by a Mississippi judge.

The companies asked the state Supreme Court to overturn the verdict, saying Smith County Circuit Judge Eddie Bowen had a conflict of interest because his parents had asbestos legal claims, including one against Union Carbide.

The state’s high court removed Bowen from the case last year. His replacement, Special Judge William F. Coleman, said on Dec. 22 that the companies’ request to remove Bowen and vacate the verdict were “well taken and should be granted.”

The May 4, 2011 verdict was the largest ever made to a single asbestos case plaintiff, according to data compiled by Bloomberg. State punitive-damages restrictions would have reduced the verdict by at least $260 million. Coleman’s order doesn’t include information on a new trial. The jury award was the ninth-largest in the U.S. overall in 2011, according to Bloomberg data.

[Article continues at original source]

Quoted from http://www.riskandinsurance.com/story.jsp?storyId=533342728

Mesothelioma suit allowed to continue in court

In Missouri, the workers’ compensation exclusivity provision does not apply to occupational disease claims.

Case name: State ex rel. KCP&L Greater Missouri Operations Co. v. Cook, No. WD73462 (Mo. Ct. App. 09/13/11).

Ruling: The Missouri Court of Appeals held that a worker’s suit related to his occupational disease did not fall within the exclusive remedy provisions of workers’ compensation so his suit could continue.

What it means: In Missouri, the workers’ compensation exclusivity provision does not apply to occupational disease claims.

Summary: A worker sued his employer, alleging that his work-related exposure to asbestos caused him to develop mesothelioma. The employer asserted as an affirmative defense that the worker’s claims were barred because workers’ compensation was his exclusive remedy. The Missouri Court of Appeals held that the worker’s claims were not subject to the exclusivity of workers’ compensation because they did not arise out of an “accident” as the term is defined.

[Article continues at original source]

Quoted from http://www.businessweek.com/news/2011-10-06/union-carbide-judge-removed-from-322-million-verdict-case.html

Union Carbide Judge Removed From $322 Million-Verdict Case

October 06, 2011, 8:47 PM EDT

By Andrew Harris

 

Oct. 6 (Bloomberg) — The Mississippi Supreme Court granted a request by Dow Chemical Co.’s Union Carbide unit to disqualify the judge who presided over an asbestos trial that ended with a $322 million verdict against the company.

Union Carbide argued that state Circuit Court Judge Eddie Bowen shouldn’t have presided over the trial that ended on May 4 because his father suffered from asbestosis, a disease caused by the mineral that sickened plaintiff Thomas Brown. The company claimed the defense was denied a fair trial.

The court yesterday ordered Bowen removed and stopped all action on the case until a new judge is appointed, without addressing the status of the verdict.

“We find that a reasonable person, knowing all of the circumstances, would harbor doubts about Judge Bowen’s impartiality in this particular case,” the court said.

Bowen’s father filed two asbestos lawsuits, one of which is still pending, and both his parents had settled a claim with Union Carbide and other defendants based on a diagnosis of asbestosis, according to the court’s ruling, which cited an independent probe by the Dow Chemical unit.

[Article continues at original source]