Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The plaintiff filed suit in the Superior Court of Rhode Island, Providence for personal injuries and wrongful death alleging plaintiff’s decedent use of asbestos products with defendant’s valves were foreseeable to the defendant and, under a negligence theory, the defendant failed to warn of the associated hazards. The defendant moved for summary judgment under Maine …
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 …
James Phillips was diagnosed with mesothelioma in March of 2012 and died in February of 2013. In May of 2012, Phillips and his wife, Charity Phillips, filed a complaint seeking damages for personal injuries caused by asbestos in the Superior Court of Fresno County, California. In May 2013, after Phillips’s death, Charity, individually and as …
The decedent’s estate filed a claim alleging asbestos exposure caused decedent to develop mesothelioma. The trial court directed a verdict in favor of Welco Manufacturing Company because no witnesses could specify how often the decedent used Welco’s products. The plaintiffs appealed, and the appellate court reversed and remanded for a new trial. The decedent’s cousin, …
Mr. Genusa developed mesothelioma as a result of his work as a longshoreman, truck loader, and warehouse worker from 1963-1999. Mr. Genusa passed away and a claim was paid by Baton Rouge Marine Contractors (BRMC) and Signal Mutual Indemnity under the Longshore and Harbor Worker’s Compensation Act. The plaintiffs instituted this action against 13 defendants …
In this case alleging asbestos exposure from talc, mesothelioma plaintiff filed a motion to remand back to Florida state court after defendant Johnson & Johnson removed to federal court based upon diversity jurisdiction. The defendant argued that the plaintiff fraudulently joined defendant Publix Super Markets, Inc. (Publix) to destroy diversity. The court determined Publix was …
Plaintiffs Richard Zanowick and Joan Clark-Zanowick filed suit in state court in July 2014. The defendants timely removed the case to federal court on diversity grounds a month later. With the case now in federal court, Richard Zanowick passed away on October 12, 2014. The plaintiffs filed and electronically served a notice of his death …
The decedent, a civilian employee for the United States Navy from 1958-1964, died from mesothelioma. Prior to passing he brought suit in St. Louis City, Missouri, in December 2015, which the defendants removed to federal court. His representatives continued the suit after he passed. Defendant Crane Co. filed a motion to dismiss based upon collateral …
The plaintiff alleged the decedent, who died of mesothelioma, was exposed to asbestos while serving as an engineman, machinery repairman, and machinist mate in the U.S. Navy during the 1960s. Although the majority of the decedent’s exposure occurred on four ships, to which maritime law applied, the plaintiff also alleged exposure during the six months …
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 …