July 7th, 2016
In contrast to two recent high court decisions in the currently ranked top two Judicial Hellholes, the Georgia Supreme Court this week reasonably limited asbestos liability by reversing a $4 million plaintiff’s verdict and rejecting “expert” testimony that espoused the long-disfavored “any exposure/cumulative exposure” theory.
Georgia’s high court held: “The critical opinion conveyed by Dr. Abraham in his testimony — that any exposure to asbestos at the Waycross facility was a cause of [the plaintiff’s] mesothelioma, regardless of the extent of the exposure — does not ‘fit’ the legal standard for causation, and for that reason, the admission of his testimony . . . amounted to an abuse of discretion.”
The Peach State ruling comes as . . . → Read More: Georgia’s High Court Rules Reasonably on Asbestos Liability
June 30th, 2016
As expected, New York’s highest court Tuesday upheld two plaintiff-favoring trial court decisions from the New York City Asbestos Litigation court, better known as NYCAL, assuring that the jurisdiction will again be ranked among Judicial Hellholes when ATRA issues its annual report this coming December . . . → Read More: Two Terrible Asbestos Decisions by New York’s High Court Uphold NYCAL’s ‘Judicial Hellholes’ Reputation
April 18th, 2016
A prosecution document unsealed last Friday purports to show that convicted former New York State Assembly Speaker Sheldon Silver had two extramarital affairs that further corrupted state government, one with a lobbyist who frequently represented clients interested in pending legislation and another with a woman who was hired at a succession of state jobs for which critics say she was under qualified . . . → Read More: Federal Prosecutors Allege Silver’s Corruption of Albany Included Government Favors for Mistresses
March 31st, 2016
Long since deposed from his powerful position as speaker of the New York State Assembly, convicted felon Sheldon Silver was finally disbarred this week by a state appeals court . . . → Read More: Now Officially Disbarred, Length of Prison Sentence Only Outstanding Question for Convicted Felon Silver
June 18th, 2015
As the pool of potential claimants who’ve truly been sickened by exposure to asbestos dwindles, along with the pool of still solvent defendant companies, personal injury lawyers have filed increasingly speculative lawsuits. But many judges, to their credit, are holding the line against such claims . . . → Read More: Courts Increasingly Skeptical of Speculative Asbestos Claims
March 19th, 2015
In denying an asbestos defendant’s motion for summary judgment, notoriously plaintiff-friendly NYCAL Judge Sherry Klein Heitler succumbed to some March madness of her own, calling the motion a “drastic remedy” and relying on testimony from a witness in an unrelated case from Maryland 14 years earlier to do so. Talk about going out of your way to please the plaintiffs’ bar . . . → Read More: NYCAL Judge Heitler’s ‘March Madness’
February 10th, 2015
As discomfiting attention from federal prosecutors and the media rains down on asbestos judges comprising the nation’s #1 Judicial Hellhole, a runaway verdict to the tune of $190 million has now been dramatically reduced . . . → Read More: Is Heat Brought by Former Speaker Silver’s Indictment Making NYCAL Judges Think Twice?