Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …