Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Plaintiff Daniel Hiett developed mesothelioma and alleged bystander exposure from his father’s work. The plaintiff alleged negligence and strict liability claims based on a failure to warn theory. The circuit court granted defendant AC&R Insulation Company, Inc,.’s (AC&R) motion for summary judgment. The plaintiff appealed, arguing that several material facts distinguished their case from Georgia …
The plaintiff is the surviving spouse of Susan McDowell, who died from mesothelioma. The plaintiff alleged exposure to asbestos-contaminated vermiculite discarded from railcars while being transported from the Libby, Montana mine by Burlington Northern Santa Fe. The state of Montana (State) began inspecting the mine in the 1950s and found hazardous levels of asbestos within …
The plaintiffs filed suit against 40 defendants and the Pittsburgh School District Board of Public Education (PBE). The plaintiffs contended the defendants were responsible for Ms. Geier contracting mesothelioma while she worked as a school teacher at South Hill High School from 1959-59. During discovery, Ms. Geier stated in an affidavit that she was occupationally …
Jacqueline and Thomas Wagner filed suit against Standard Steel LLC for Ms. Wagner’s alleged development of mesothelioma as a result of take home exposure from the work clothes of her husband. Mr. Wagner worked as a laborer and crane operator at Freedom Forge from 1970-72. Freedom Forge filed for Chapter 11 protection in 2001. Appellee …
The plaintiff alleged he developed lung cancer due to his asbestos exposure while working on the premises of Freeport’s Port Sulphur facility, other facilities, and various drilling rigs. The defendants removed to federal court on the bases of original jurisdiction under the Outer Continental Shelf Lands Act. The plaintiff filed a motion to quash subpoena …
The plaintiffs alleged both direct and secondary exposure to asbestos by Harold Murray, leading to his development of mesothelioma. Mr. Murray worked in both Tennessee and Virginia. The plaintiffs lived in Tennessee. The defendants filed a motion to apply the law of Tennessee, while the plaintiffs argued for Virginia law. The court ruled that Tennessee …
On January 17, 2017, the Superior Court of Delaware, New Castle denied RCH Newco II LLC’s (Newco) motion for summary judgment. The plaintiff, Jessie Hastings, alleged that he contracted colon cancer as a result of his exposure to Newco’s asbestos-containing product, Galbestos. Galbestos was a material that protected metal and roofing products. Mr. Hastings was …
Plaintiff Howard Zeringue brought suit against Crane Co. and various other defendants in state court for injuries allegedly caused by exposure to asbestos. The plaintiff alleged that he was first exposed to asbestos in 1952 while he was deployed with the U.S. Navy and served in various capacities in the Navy aboard three vessels until …
Appellant James Floyd, Jr.’s Father, James Floyd Sr. (the decedent), passed away after he was diagnosed with mesothelioma. Mr. Floyd alleged that the decedent was exposed to various asbestos-containing products, including AstenJohnson, Inc.’s dryer felts, while the decedent was employed at Sun Oil from 1939-1951 and at Scott Paper from 1951-1984. AstenJohnson made dryer felts …
Plaintiff John Burton filed suit in the Superior Court of New Jersey, Middlesex County, against various defendants, including Ingersoll Rand, alleging he developed mesothelioma from occupational exposure to asbestos during his work at a New Jersey facility that manufactured aluminum cans. During his discovery deposition, Burton testified that the production of aluminum cans required a …