Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Plaintiffs brought suit against several defendants including TRZ Realty, alleging their decedent developed colon cancer as a result of occupational exposure to asbestos. William Duty worked as a drywall taper for over 40 years. Before trial, TRZ filed a motion in limine challenging Dr. Revels Cayton’s qualifications to testify as to the causal connection between … Continued
On August, 2, 2017, Nassau County Supreme Court Justice Julianne Capetola granted various defendants’ motion to renew and re-argue the court’s prior denial of the defendants’ combined Frye/summary judgment motions as to the issue of causation. Upon renewal, the court granted summary judgment to the defendants. By way of background, plaintiffs Giulio Novello and Rosaria … Continued
Decedent Gerald Hoffeditz alleged asbestos exposure from automotive and heavy equipment repair on various vehicles, including large military trucks while working at the Letterkenny Army Depot. He subsequently passed away from mesothelioma. Various defendants moved to exclude the evidence and testimony put forth by the plaintiff’s expert Dr. Jacqueline Moline. The court denied this motion. … Continued
This decision addresses a similar issue from two different cases and therefore was decided within the same order. Both sets of plaintiffs offered the opinions of Carlos Bedrossian, MD to provide evidence of specific causation. For a brief factual background, plaintiff John E. Haskins served in the U.S. Navy as a fireman aboard the USS … Continued
Plaintiffs filed their Daubert challenge seeking exclusion of Georgia Pacific’s Certified Industrial Hygienist, Donald Marano. Plaintiff argued that Mr. Marano would offer qualitative and quantitative exposures of Plaintiff along with the risk and causation of Mr. Arbogast’s mesothelioma. Georgia Pacific countered with the position that Mr. Marano has “repeatedly disclaimed any expertise on causation and … Continued
Plaintiffs filed suit against Georgia Pacific (“GP”) and Union Carbide Corporation (“UCC”) alleging Mr. Rockman’s peritoneal mesothelioma was caused by exposure to asbestos for which both Defendants were responsible. Specifically, Mr. Rockman claimed “bystander” exposure to GP’s Ready Mix joint compound that contained UCC’s Calidria chrysotile asbestos during residential renovations in 1965, 1973 and 1976. … Continued
The court issued further rulings in a case previously reported in Asbestos Case Tracker on April 12, 2017. This case involved plaintiff Frederick Evans’ alleged exposure to asbestos-containing dust from his work as an HVAC mechanic from 1955-59. Although the defendants submitted a joint omnibus motion in limine, the only defendant remaining at trial was … Continued
In this federal court case, it was alleged that the plaintiff’s decedent was exposed to asbestos while serving in various job duties while in the U.S. Navy during the 1960s. The plaintiff brought two Daubert motions seeking to preclude the defendants’ experts, Drs Michael Graham and Mark Taragin, from testifying. Dr. Graham is a forensic … Continued
In September of 2012, William Stallings filed suit in Kentucky state court against Georgia Pacific and other manufacturers of the asbestos containing products he had been exposed to decades earlier, seeking punitive damages under theories of strict liability and negligence. Specifically, Stallings was diagnosed with mesothelioma allegedly caused by his four years of Naval Service, … Continued
The defendants (pump and valve manufactures) filed a motion in limine to exclude certain studies and videos produced by the plaintiff’s expert Dr. James Millette. The defendants challenged two aspects of Dr. Millette’s proposed testimony. First, they argued that some — but not all — of the academic studies that Dr. Millette relied on are … Continued