Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. Court of Appeals for the Second Circuit, September 15, 2022 Fireman’s Fund Ins. Co. v. Onebeacon Ins. Co., 2022 U.S. App. LEXIS 25863 Fireman’s Fund Insurance Company (“Fireman’s Fund”) issued three excess insurance policies to ASARCO, Inc., in 1983 and 1984, which functioned as layers of a coverage tower assembled for ASARCO. Two … Continued
Court of Appeals of South Carolina, August 3, 2022 In this asbestos action, decedent Stephen Stewart alleged exposure from working with asbestos-containing dryer felt associated with a paper machine from 1963 until 1981. Stewart was diagnosed with malignant pleural mesothelioma in September 2012. After settling with all other defendants, Stewart proceeded to trial against Scapa … Continued
Supreme Court of New York, Appellate Division, First Department, July 19, 2022 In 2017, Plaintiff Donna Olson (“Plaintiff”) filed suit against Johnson & Johnson (J&J), claiming that her lifelong use of J&J talcum powder exposed her to asbestos and caused her to develop mesothelioma. After a 12-week jury trial in 2019, a New York City … Continued
New Jersey Supreme Court, June 30, 2022 In this asbestos action, decedent Willis Edenfield (“Edenfield”) commenced a failure to warn product liability action against defendant Union Carbide. The Appellate Division vacated the jury’s verdict for Plaintiff and remanded for a new trial. However, the New Jersey Supreme Court reversed the Appellate Division’s decision. The Supreme … Continued
Court of Appeals of Washington, Division One, May 9, 2022 In January 2020, the plaintiff, Larry Roemmich, sued 3M, among others, for product liability and negligence based on his diagnosis of mesothelioma, which he alleged was a result of his exposure to asbestos. The plaintiff worked at Puget Sound Naval Shipyard from 1968 to 1995 … Continued
New York Court of Appeals, April 26, 2022 The plaintiff’s decedent, Florence Nemeth, was diagnosed with peritoneal mesothelioma in 2012 and passed away in 2016. She and her husband filed suit against numerous defendants, alleging that Ms. Nemeth’s exposure to asbestos-containing products throughout her lifetime caused her mesothelioma. Ms. Nemeth was deposed prior to her … Continued
U.S. Court of Appeals for the Fifth Circuit Plaintiff Leopoldo Mendoza-Gomez worked for 20 years as a laborer for the defendant, Union Pacific Railroad Company. He alleges that, while working for Union, he was exposed to various toxic substances including asbestos, and that he was diagnosed with cancer and asbestosis in 2019. In response to his … Continued
Superior Court of New Jersey, Appellate Division, March 24, 2022 In this asbestos action, Deborah Marino (the plaintiff) alleged that her mother, Anita Creutzberger (the decedent), developed peritoneal mesothelioma from the decedent’s history of washing her husband’s and son’s clothing following their automotive work. The plaintiff sued Ford Motor Company, among other defendants. During discovery … Continued
Court of Appeals of Washington, Division One, February 22, 2022 The plaintiffs, Raymond Budd and his wife, sued Kaiser Gypsum Company, Inc. (Kaiser) and others for damages, alleging that Kaiser’s joint compound product caused Mr. Budd’s mesothelioma. The plaintiffs sued Kaiser for negligence and strict liability, premised upon failure to warn and defective design theories. … Continued
Superior Court of Pennsylvania, January 26, 2022 In these asbestos actions, Kelly Smith, the executrix of the estate if Daniel R. Harrity, and Maxine Rosenkeimer, the executrix of the estate of Arthur W. Rosenkeimer, appeal a December 2020 order dismissing all claims and parties and an August 2020 order granting summary judgment to Appellee Vanadium … Continued