Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of New York, Appellate Division, First Department, April 20, 2021 In this matter, Judge Manuel Mendez, former NYCAL coordinating judge, denied defendant Kaiser Gypsum Company, Inc’s motion for summary judgment on January 13, 2020. Kaiser Gypsum appealed arguing that plaintiffs failed to identify defendant’s products as a source of the decedent’s alleged exposure … Continued
U.S. Court of Appeals for the Fourth Circuit, April 27, 2021 On June 11, 2017, Charles F. Connor (the decedent) died at the age of 90 of mesothelioma. Following his death, his son Darrell Connor (the appellant), individually and as executor of Mr. Connor’s estate, brought a wrongful death action. The appellant named 22 defendants … Continued
Court of Appeal of California, Second Appellate District, Division Two, March 25, 2021 In this asbestos action, plaintiff Arthur Putt replaced brake pads manufactured and supplied by several different entities in connection with cars manufactured by three different companies in two California gas stations from 1966 until 1970. The plaintiff was diagnosed with mesothelioma in … Continued
Court of Appeals of Oregon, March 24, 2021 In this asbestos action, decedent Ronald Laux alleged exposure to asbestos from replacing motorcycle brake linings from 1961 until 2014. Thereafter, he developed mesothelioma and brought negligence and strict products liability actions against numerous defendants. After Mr. Laux’s passing, Mrs. Laux was named as the personal representative … Continued
Court of Appeals of Iowa, March 17, 2021 The decedent, Charles Beverage, was employed as an independent contractor at an aluminum plant between the 1950s and the mid-1970s. After his passing in October 2015, the decedent’s estate filed a products liability suit against several the defendants alleging the decedent was exposed to asbestos during his employment, and … Continued
United States Court of Appeals for the Fourth Circuit In this action, the plaintiff alleges that her husband developed mesothelioma from his work as a pipefitter while assisting with the construction of a Schlage Lock plant in 1972. As previously reported by the Asbestos Case Tracker, defendant Schlage Lock obtained summary judgment after the U.S. … Continued
Court of Appeal of California, Second Appellate District, Division One, January 27, 2021 This matter was filed after the plaintiff, Norris Morgan, was diagnosed with mesothelioma in December 2017. The complaint alleged that the plaintiff was exposed to asbestos at construction jobsites where he worked in the 1970s and 1980s, including as a construction superintendent from 1979 … Continued
Supreme Court of New York, Appellate Division, First Department In this matter, the plaintiff brought Labor Law § 200 and common law negligence claims against Defendant, Port Authority of New York and New Jersey. The decedent alleged that he developed malignant pleural sarcomatoid mesothelioma as a result of occupational exposure to asbestos at John F. … Continued
United States Court of Appeals for the Fifth Circuit, December 14, 2020 As previously reported by Asbestos Case Tracker here, the decedent, Dr. James L. Gaddy, alleged he was exposed to asbestos while working as a chemical engineer for Ethyl Corp. during the 1950s. Dr. Gaddy was diagnosed with mesothelioma in 2018, and subsequently filed … Continued
Court of Appeal of California, First Appellate District, Division Three, December 11, 2020 The heirs of decedent Richard Booker filed suit, alleging that Booker developed fatal mesothelioma from his exposure to defendants’ asbestos-containing products. The plaintiffs settled with most of the defendants, and a trial was held against the two remaining defendants, Vanderbilt Minerals LLC … Continued