Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The plaintiff contracted mesothelioma and sued various defendants for asbestos exposure allegedly sustained as a child. Kuettel performed industrial and commercial insulation contracting work; the plaintiff’s father worked for Kuettel from 1961-65 and again from 1974-79. Kuettel moved for summary judgment, arguing it had no duty to warn the plaintiff because there was no special …
The plaintiff in this case alleges that the decedent, Vincent Gatto, was exposed to asbestos while self-employed as a brick mason in Virginia. The decedent was diagnosed with asbestosis in 2003 and then with mesothelioma in 2010. The action was filed in 2011. Following the close of discovery, several defendants moved for summary judgment “based …
In this NYCAL case, Justice Peter Moulton denied the defendants’ motion seeking to quash a subpoena served by Weitz & Luxenberg P.C. upon Mr. Marc Scarcella of Bates, White LLC, an economic consulting firm. Mr. Scarcella co-authored an article entitled, “The Consolidation Effect: New York City Asbestos Verdicts, Due Process and Judicial Economy.” In summary, the …
The plaintiff brought an action in state court alleging defendants manufactured asbestos products, which caused her husband’s asbestosis and ultimate death. The defendants removed to federal court based on diversity, created after the state court severed the worker’s compensation and asbestos claims. The federal case contained only issues of asbestos injury and was transferred to …
In yet another follow-up decision in the Ahnert case out of Wisconsin federal court, Pabst Brewing Company moved for summary judgment. As previously reported, Foster Wheeler was granted summary judgment, but insulation contractor, Sprinkmann Sons Corp. was denied summary judgment based on the Wisconsin statute of repose. The decedent was a union Steamfitter from 1955 …
In this NYCAL case, the Maritime Asbestos Legal Clinic originally filed a suit in 1997 on behalf of the decedent, Mason South, in the Northern District of Ohio. The decedent served in the Merchant Marines from 1945 to 1982. Less than two months later the case settled, with Texaco Inc. being one of the settled …
In a follow-up decision from yesterday’s report regarding the summary judgment granted to Foster Wheeler, Sprinkmann Sons Corporation also moved for summary judgment. The Wisconsin federal court denied this motion. The decedent was a steamfitter; two co-workers testified regarding their work with the decedent at various industrial facilities. They overhauled turbines and tanks, and removed/installed insulation. …
In this federal court action, it is alleged that the decedent, Richard Bell, was exposed to asbestos during his service in the Navy where he served on the USS Franklin D. Roosevelt from 1961 to 1962. Velan Valve Corp. moved for summary judgment asserting maritime law. The plaintiff did not oppose the application of maritime …
In this NYCAL decision, it was alleged that the decedent, Eugene Quinlan, was exposed to asbestos and developed lung cancer from his work as a career merchant mariner. The case was originally filed in 1997 in the Northern District of Ohio for a non-malignant asbestos disease. The decedent subsequently developed lung cancer and the case …
The plaintiff was a steamfitter who filed a lawsuit against Foster Wheeler and others due to asbestosis developed after alleged asbestos exposure. After this case was transferred to MDL 875, the plaintiff was diagnosed with mesothelioma and filed a second suit, again naming Foster Wheeler. After the plaintiff died, his wife dismissed the second lawsuit; three years …