Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The plaintiff commenced this wrongful death claim alleging the decedent was exposed to asbestos while J.T. Thorpe & Sons was performing refractory work around boilers. Thorpe moved for summary judgment on the ground that there was insufficient evidence decedent was actually in the vicinity of Thorpe employees working with refractory materials. The court concluded that …
Six cases were decided in the United States District Court for the Eastern District of Pennsylvania; all started in the Northern District of Ohio, and were transferred to the MDL 875 in the Eastern District of Pennsylvania. In all six cases, the plaintiffs brought claims against various shipowners represented by Thompson Hine LLP, and all …
In this case, the plaintiff, William Aubin, claimed he was exposed to asbestos from SG-210, an asbestos product used in items such as joint compound and texture sprays that was manufactured by Union Carbide Corporation. Following trial, a jury returned a verdict of $6.6 million finding Union Carbide was liable, in part, under the plaintiff’s …
The plaintiff in this case was diagnosed with mesothelioma and filed claims for negligence, strict liability, and loss of consortium against, among others, Union Carbide and Elementis Chemicals, as successor-in-interest of Harrison & Crosfield, Pacific, Inc., and certain related entities. The plaintiff submitted three theories of liability: strict liability (design defect under the consumer expectations …
The Ninth Circuit affirmed the granting of summary judgment to two defendants – Lockheed and UTC, as successor-in-interest to Pratt & Whitney. Summary judgment was affirmed as to Lockheed based on the government contractor defense. Lockheed introduced two affidavits establishing that the Untied States approved specifications requiring the use of asbestos in government aircraft. This …
In this case, an action was brought in Jefferson Circuit Court asserting state-law claims for the asbestos exposure and death of the decedent, Glen Brown. Defendant General Electric Company (GE) was granted leave to assert a third-party claim against Tennessee Valley Authority (TVA), who then removed the matter to federal court pursuant to 28 U.S.C. …
The plaintiff alleged that he developed renal cancer from asbestos exposure while working at the Philadelphia Navy yard, the New York Shipbuilding yard, and various automotive and electric shops in New Jersey. In July 2013, this case was removed to the federal court in Pennsylvania as part of MDL-875. Defendant Ford moved to exclude the …
In 1997, the decedent’s claims for asbestos exposure against shipowners represented by Thompson Hine LLP were administratively dismissed, with the option of pursuing at a later date. In 1999, the decedent brought claims against various defendants, including the shipowners represented by Thompson Hine LLP. In 2001, the decedent received a separate cancer diagnosis that he …
In this NYCAL case, the plaintiff, Mark Ricci, claims secondhand exposure to asbestos from his father’s work with boilers, including boilers manufactured by defendant Cleaver-Brooks. During the testimony of the plaintiff’s father, Aldo Ricci’s, he originally answered that he did not recall observing anyone working on a Cleaver-Brooks boiler. Later, during plaintiff’s counsel’s questioning, Aldo …
The plaintiff was diagnosed with mesothelioma and filed suit against a sea of defendants in New York state court. After responding to interrogatories indicating that he was exposed to asbestos while in the Navy, Foster Wheeler timely removed this case to federal court based upon the federal government-contractor defense. When the only defendant remaining was …