Category Archives: Asbestos – Friction Products

The Truth May Set You Free, But Lying Can Get You Tossed Out Of Court

Earlier this week, the New Jersey Appellate Division upheld the dismissal, with prejudice, of an asbestos plaintiff’s claims as a result of his pervasive lies during discovery. The plaintiff, Michael Gaskill, commenced an asbestos-exposure lawsuit in Middlesex County in 2008, alleging that he had developed mesothelioma through exposure to asbestos-containing products while working as a mechanic’s helper at local auto body shops and while assisting his grandfather in automotive maintenance and repair work.  As the defendants investigated the plaintiff’s claims, however, it became clear that…

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New Jersey Names New Asbestos Judge

Effective September 1, 2012, all asbestos litigation consolidated and pending in Middlesex County, New Jersey will be reassigned from Judge Ann McCormick to Judge Vincent LeBlon.  Asbestos cases have been consolidated in Middlesex County for many years, and Judge McCormick has presided over the New Jersey asbestos docket in Middlesex County since the early 2000s.   The announcement issued by the New Jersey Supreme Court does not provide any reasons for this change, but changes in judicial assignments take place every year, although changes in New…

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High Court Rejects “Any Exposure”/“Every Breath” Theory

  On May 24, 2012, Pennsylvania’s Supreme Court overturned a superior court’s decision that allowed an asbestos plaintiff to proceed with a causation theory known as “any theory” or “every breath.” In Betz v. Pneumo Abex LLC et al. J-87-2011, plaintiff’s decedent was an automobile mechanic for 44 years. Plaintiff claimed that decedent’s mesothelioma resulted from decedent’s inhalation of asbestos fibers from automotive friction products. Ford Motor Company and Honeywell’s predecessor Allied Signal Inc. were sued, together with other automotive defendant who were dismissed…

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