RAILROAD IN LIMINE RULINGS… Eddy. [Read more…]
Railroad strict liability
RAILROAD LIABILITY: BNSF strictly liable for abnormally dangerous activity vis-à-vis hauling amphibole asbestos in Libby… evidence of Grace’s conduct admissible for background and context but not to negate liability… Eddy. [Read more…]
Lead case against Grace’s comp insurer pre-trial rulings
LEAD CASE AGAINST GRACE’S COMP INSURER: Fact issues preclude summary judgment as to when Plaintiff knew he had ARD. . . MCC owed a duty of care to warn Zonolite and Grace of the hidden hazard of asbestos exposure, but fact issues exist as to whether it breached this duty to Plaintiff. . . Plaintiff who filed no comp claim has no common law insurance bad faith claim against MCC. . . MCC’s non-party (State, Grace) defenses precluded. . . other in limine rulings. . . Eddy. [Read more…]