Real-Time Court Decisions and Other Developments in Asbestos Litigation.
As previously reported in the Asbestos Case Tracker here, in June 2022 a jury awarded plaintiff Munir Seen $15 million, allocating 70 percent of the fault to joint compound manufacturer Kaiser Gypsum. Following the trial, Kaiser moved for three forms of post-trial relief. The court denied Kaiser’s motions in their entirety in March. Kaiser … Continued
Court: Court of Appeals of Washington, Division One In this asbestos action, decedent Kevin Holdsworth worked at a paper mill in Camas, Washington from 1964 to 2001. He alleged exposure to asbestos from several sources during his employment, including from his role on the paper machine cleanup crew which required him to “blow down” every … Continued
Court of Appeal of Louisiana, Fourth Circuit In this asbestos action, David Stauder Jr. (decedent) developed mesothelioma after working as a pipefitter for two decades. His daughters, Jill and Shelley Stauder (appellees) brought a survival action and wrongful death action against several defendants. Following a trial in December 2021 where Union Carbide Corporation (UCC) was … Continued
Court: Supreme Court of New York, Appellate Division, First Department Plaintiff Ralph Vavala alleged his lung cancer diagnosis arose from alleged exposure to asbestos from a variety of products, including valves manufactured by the defendant, Jenkins Bros., during his employment as a steamfitter and welder from the 1960s through the 1980s. Upon commencement of the … Continued
Jurisdiction: Superior Court of Pennsylvania Richard and Pamela Shellenberger filed a lawsuit to recover damages from several defendants, including Mr. Shellenberger’s employers — Kreider Dairy Farms Inc. and Noah W. Kreider & Sons LLP (Appellees) — as a result of his exposure to asbestos and subsequent mesothelioma diagnosis, from which he ultimately died. Specifically, they … Continued
Supreme Court of New York, Appellate Division, First Department In this asbestos action, Defendant Burnham (“Burnham”) moved to vacate the NYCAL Special Master’s ruling directing Burnham to appear for a deposition with regard to punitive damages. The trial court denied Burnham’s motion. Burnham subsequently appealed the trial court’s decision. The Appellate Division affirmed the trial … Continued
Supreme Court of New York, Appellate Division, First Department Plaintiffs Victor Arana and Romeo Maffei, both allege asbestos exposure from working with asbestos cement pipe previously distributed by the defendant, J-M Manufacturing Company. In these actions, the plaintiffs sought punitive damages against JMM as the company did not place a warning on all of the … Continued
Supreme Court of New York, Appellate Division, First Department, November 2, 2022 In this asbestos action, Steel Grip Inc., a personal protective equipment manufacturer, was sued along with other defendants for decedent Giacinto Pira’s alleged asbestos exposure, which allegedly contributed to his mesothelioma diagnosis. At his discovery deposition, Pira testified that his employer purchased … Continued
Court of Appeals of Oregon, October 5, 2022 Plaintiffs Donald Miller and Linda Miller filed a lawsuit to recover damages for injuries Donald allegedly sustained as a result of exposure to asbestos-containing products during his lifetime. At the time of trial, Kaiser Gypsum Company was the only remaining defendant. As to Kaiser Gypsum, Plaintiffs alleged that Donald … Continued
Court of Appeal of Louisiana, Fourth Circuit, September 28, 2022 In this asbestos action, John Brindell (“Brindell”) allegedly contracted mesothelioma as a result of working as a mechanic for Puerto Rico Marine Management, Inc. (“PRMMI”) at the Port of New Orleans. Brindell’s surviving spouse and children (“Plaintiffs”) asserted a wrongful death and survival action against … Continued