Real-Time Court Decisions and Other Developments in Asbestos Litigation.
CALIFORNIA — In 2010, Donna O’Balle filed a complaint against numerous defendants alleging personal injuries from exposure to asbestos dating back to the 1980’s. Associated Insulation of California, Inc. (Associated), one of the defendants, was served, but did not respond, having gone out of business long before. O’Balle filed a request for entry of default … Continued
NEW YORK — The plaintiff’s decedent Mason South and his wife Ann South sued Chevron Corp. and several other defendants, alleging that the defendants were responsible for causing Mason’s mesothelioma. Chevron moved for summary judgment based on a release that the plaintiff’s decedent signed when he settled a 1997 lawsuit against Texaco, Inc. and many … Continued
NORTH CAROLINA — In October, the plaintiff, Ann Finch, prevailed against Covil Corp. in a mesothelioma case involving her husband’s workplace exposure at Firestone. Covil made asbestos insulation that Mr. Finch worked around daily while changing molds on tire presses. The plaintiffs were awarded $32.7 million by the jury, which found that Covil failed to … Continued
CALIFORNIA — On November 19, 2018, the California Court of Appeal affirmed judgment in favor of the defendants, California Water Service Company and San Jose Water Company (Water Companies), following a trial in which it was alleged that the plaintiff died from mesothelioma developed from cutting asbestos pipe while employed by Fairly Constructors. The Water … Continued
MARYLAND – Concetta Schatz’s (Mrs. Schatz) children (Appellants) commenced a lawsuit against John Crane, Inc. (JCI), alleging that Mrs. Schatz’s husband handled asbestos-containing JCI products while at work and wore his asbestos-covered clothing home for Mrs. Schatz to launder, thereby exposing her to asbestos, resulting in her mesothelioma diagnosis and eventual death. At the close … Continued
LOUISIANA –The decedent Frank Williams allegedly contracted mesothelioma through asbestos exposure while working at the NASA Michoud Assembly Facility (MAF). Lockheed Martin removed to federal court under the federal officer removal statute. The case was transferred to the Asbestos MDL, after which decedent’s children were substituted as the plaintiffs. The Asbestos MDL court issued various orders, … Continued
The United States Court of Appeals for the Third Circuit held that a channeling injunction entered in the Chapter 11 bankruptcy proceeding of W.R. Grace & Co. (Grace) protected one of its insurers, Continental Casualty Company and Transportation Insurance Company (CNA), from claims that CNA was independently liable for asbestos-related injuries because it was negligent … Continued
NORTH CAROLINA – The plaintiff Edmund Preslar filed for Workers’ Compensation Benefits claiming that he was entitled to compensation under the statute for his development of asbestosis attributed to his work at the Johns Manville Marchville facility from 1967-1968. The commission denied his claim stating that he had not worked long enough to be eligible for benefits … Continued
MARYLAND — On May 11, 2018, defendants Mack Trucks, Inc. and Ford Motor Co. (collectively as defendants) won a new trial with a decision that overturned a $5 million-plus verdict issued by a Baltimore City jury. The Court of Special Appeals of Maryland found that the trial court provided improper instructions to the jury on … Continued
NEW YORK — Plaintiff Mary Nash filed suit on behalf of the plaintiff’s decedent, Lewis Nash, alleging bystander exposure to asbestos-containing dust from defendant Navistar’s brakes and gaskets while working as a janitor and bus driver in the Fayettteville-Manluis Central School District. The decedent’s exposure occurred in the bus garage at the school, where decedent … Continued