Real-Time Court Decisions and Other Developments in Asbestos Litigation.
DELAWARE — Plaintiffs Icom and Johanna Evans filed a lawsuit on June 11, 2015 in Delaware Superior Court relating to Mr. Evans’ alleged asbestos exposure. Foster Wheeler removed the matter to federal court on August 4, 2015, pursuant to the federal officer removal statute. Defendants Foster Wheeler and Warren Pumps filed motions for summary judgment in … Continued
CALIFORNIA — In this federal court case, the plaintiffs commenced an action in the Eastern District of Pennsylvania alleging the plaintiff’s decedent, Robert Hilt, was exposed to asbestos from numerous products, including Foster Wheeler boilers, on Navy ships . Foster Wheeler moved for and was granted summary judgment based on the finding that the plaintiff’s … Continued
PENNSYLVANIA — The United States Court of Appeals for the Third Circuit submitted a Petition for Certification of Question Law on the following issues for consideration: (1) Whether, under Pennsylvania law, a manufacturer as a duty to warn about the hazards of asbestos relating to component parts it has neither manufactured or supplied and (2) … Continued
The plaintiffs filed suit in negligence and strict liability against several defendants arguing their decedents died from mesotheliomas as a result of their exposure to asbestos containing products for which defendants were responsible. Both plaintiffs alleged exposure while working on-board naval vessels. The defendants removed the case to federal court and summary judgment was granted … Continued
Plaintiffs Stephen and Marilyn Charlevoix filed this asbestos related personal injury action in Delaware Superior Court against multiple defendants on July 10, 2015. Crane removed the action to this court on August 21, 2015. The plaintiff stated that Mr. Charlevoix was first exposed to asbestos-containing products during his service as a boiler tender with the … Continued
The plaintiff filed suit alleging Mr. Tallman developed mesothelioma while serving in the U.S. Navy from 1947-67. Foster Wheeler removed the case to the United States District Court. Mr. Tallman served on board the USS Caloosahatchee as a boiler tender from 1948-56. Specifically, the plaintiff contended that Mr. Tallman’s mesothelioma developed as a result of … Continued
Patricia Carroll, as special administrator of Ronald Carroll’s estate, sued numerous manufacturers of industrial equipment in which asbestos replacement parts were used, manufacturers of asbestos, or both in U.S. District Court for the Western District of Wisconsin. The claims against the defendants arise from the time Mr. Carroll spent working at Wisconsin Power & Light … Continued
The plaintiff’s executrix brought this claim against multiple defendants alleging that her decedent, Mr. Denbow, developed mesothelioma as a result of his work in the U.S. Navy onboard the USS New Jersey from 1954-57 and while working at Koppers Chemical from 1965-70. The plaintiff relied upon the testimony of product identification witness Charles Ricker. Although … Continued
James Stevens served as a boiler technician aboard the USS Allagash from July 7, 1951 until October 11, 1952. The boilers on the Allagash were manufactured by Foster Wheeler and included asbestos containing materials in their construction. Foster Wheeler additionally provided additional asbestos containing materials to be used in the boilers. Mr. Stevens was diagnosed … Continued
The plaintiffs brought this action against several defendants for their decedent’s alleged development of mesothelioma while working aboard ships as an engine man, machinery repairman, and machinist mate. The defendants moved for summary judgment again after the court announced it would not adopt the Sixth Circuit’s version of the bare metal defense. The court concluded … Continued