NEW YORK - Requests for prices of a company’s pumps and evidence that asbestos insulation was used to insulate such products do not overcome a man’s failure to identify a pump manufacturer’s product as the source of his exposure to asbestos, a New York justice held in an opinion posted Jan. 23 (Anna Palaio v. […]
SPRINGFIELD, Ill. - A railroad had no duty to remove unloaded boxcars in a way that prevented the movement of accumulated asbestos fibers at an asbestos plant or to warn facility employees prior to unloading the boxcars, an Illinois appeals court held Jan. 20 (In re: the Estate of Robert Compton, deceased, Margaret Compton v. […]
KANSAS CITY, Kan. - A Kansas federal judge on Jan. 19 agreed to redefine a Kansas subclass in a multidistrict litigation over the pricing of motor fuel without disclosing the effects of temperature expansion on the fuel or adjusting the pricing for such changes (In Re: Motor Fuel Temperature Sales Practices Litigation, No. 07-1840, D. […]
SAN FRANCISCO - A federal district court erred in dismissing a claim for disability benefits under the Employee Retirement Income Security Act for lack of subject matter jurisdiction because the claimant asserted a colorable claim that he was a plan participant and, therefore, satisfied the threshold for establishing federal court subject matter jurisdiction, the Ninth […]