Issue By: Guy W. Stilson Kesner v. Pneumo Abex, LLC Supreme Court of California (December 1, 2016) We first reported on this case on May 14, 2014, when the Court of Appeal ruled. The case was further appealed to the California Supreme Court, which combined it with another case (Haver v. BNSF Railway Co.) which…

Issue By: Thomas J. LoSavio Gary Kase v Metalclad Insulation Corporation Government Contractor Defense Available to Broker Which Arranged for Asbestos-Containing Insulation to Be Provided to Navy California Court of Appeal, First Appellate District (November 22, 2016) The Government Contractor defense is available in asbestos lawsuits brought against manufacturers and suppliers of military hardware and…

Issue By: Thomas LoSavio tlosavio@lowball.com www.lowball.com ASBESTOS BANKRUPTCY TRUSTS AND LEGISLATION By Thomas LoSavio When asbestos litigation became extremely costly to defend, to settle and to pay judgments, companies began filing for protection under the Bankruptcy laws. In the three decades since Johns Manville and UNR Industries filed the first asbestos bankruptcy cases, nearly 100…

Issue By:  Thomas J. LoSavio Jovana Hernandezcueva v. E. F. Brady Company, Inc. Court of Appeal, Second Appellate District, Division Four (Original opinion filed December 22, 2015; modified opinion filed January 15, 2016; review by California Supreme Court denied March 9, 2016) The doctrine of strict liability is ordinarily inapplicable to transactions whose primary objective…

Issue by: David L. Blinn dblinn@lowball.com and Guy W. Stilson gstilson@lowball.com www.lowball.com Fluor v Superior Court (Hartford) California Supreme Court (August 20, 2015) In 2003, the California Supreme Court ruled in Henkel Corp. v. Hartford Accident & Indemnity Co. (2003) 29 Ca.4th, 934, that a “consent-to-assignment” provision in a liability insurance policy barred the insured’s…

August 18, 2014 | Author: Guy W. Stilson Ganoe v. Metalclad Insulation Corp. California Court of Appeal, Second Appellate District (July 21, 2014) Metalclad was an insulation contractor. Mark Ganoe worked in Department 132 at Goodyear Tire & Rubber from 1968 until 1979. He was diagnosed with mesothelioma, filed a personal injury action, and gave…

May 19, 2014 | Author: Guy W. Stilson Kesner v. Pneumo Abex, LLC California Court of Appeal, First Appellate District (May 15, 2014) 226 Cal.App.4th 251 On May 15, 2014, the Court of Appeal answered a question which has been asked repeatedly since the Second District Court of Appeal published a decision in Campbell v….

April 07, 2014 | Author: Thomas J. LoSavio Paulus v Crane Co. Second District Court of Appeal, Division Three, Action # B246505 (Filed Feb. 21, 2014, modified Mar. 24, 2014) 224 Cal.App.4th 1357 In asbestos-related personal injury cases, the determination of whether a particular defendant’s product was or was not a substantial factor in contributing…

January 20, 2014 | Author: Guy W. Stilson Second District Court of Appeals, Action #B253308 (January 8, 2014) ____ Cal.App.4th ____ Time Limits for Witness Depositions In 2012, California Governor Jerry Brown signed into law (effective January 1, 2013) a bill that became Code of Civil Procedure section 2025.290. Subdivision (a) of the statute sets…

April 23, 2013 | Author: Guy W. Stilson Hernandez v. Amcord, Inc. Second District Court of Appeals, Action #B238408 (April 18, 2013) ____ Cal.App.4th ____ The Court of Appeal has reversed a nonsuit in favor of Amcord based on an epidemiologist’s testimony that a hypothetical worker who poured a bag of gun plastic cement would…

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