Real-Time Court Decisions and Other Developments in Asbestos Litigation.
CALIFORNIA — The plaintiff Randolph Morton (Plaintiff or Morton) filed this personal injury claim in California state court alleging that Morton’s asbestos-related disease was allegedly caused by the defendants’ acts and omissions involving the use of asbestos at or in the vicinity of Morton’s workplace. The defendant removed the case to federal court (United States … Continued
The plaintiff filed this action alleging he developed mesothelioma as a result of exposure to asbestos for which the defendants were liable. Specifically, The plaintiff claimed exposure while serving in the United States Navy onboard the U.S.S. Tortuga from 1956-1959. Defendant Aurora Pump Company (Aurora) removed the case the federal court asserting Federal Officer Removal. … Continued
LOUISIANA – The plaintiff, Gregory Brown brought this action against several defendants including Avondale Shipyard (Avondale) claiming that he developed lung cancer from exposure to asbestos while working for Avondale at its shipyard on and off from 1967-1971. Specifically, Mr. Brown worked as a cleanup man, tacker, and insulator helper. He also claimed exposure to asbestos … Continued
DELAWARE — Plaintiff Marguerite MacQueen filed claims in the Superior Court of Delaware against defendant Crane Co., among others, for manufacturing products that exposed her late husband David MacQueen to asbestos during his time aboard the USS Randolph and USS Independence in the United States Navy from 1956 to 1960, and during his time as … Continued
MASSACHUSETTS — Plaintiff Ruth Burleigh, the widow of the plaintiff’s decedent Ernest Burleigh, filed suit in the U.S. District Court for the District of Massachusetts against numerous defendants alleging that decedent developed mesothelioma as a result of exposure to asbestos while working as a mechanic at the Portsmouth Naval Shipyard (the shipyard) from 1960-1981. The … Continued
LOUISIANA — The Eastern District of Louisiana granted motions to remand in two separate mesothelioma cases arising out of alleged exposure to asbestos through work for defendant Avondale Industries, Inc., a shipbuilder for the United States Navy. Each plaintiff originally filed their actions in state court, alleging that Avondale failed to warn of the hazards … Continued
Plaintiffs Wayne and Tina Yocum filed a renewed motion to remand which defendant CBS Corporation (Westinghouse) opposed. Wayne Yocum was diagnosed with mesothelioma and died on February 5, 2017. Without oral argument, the court granted the plaintiffs’ renewed motion to remand. Wayne Yocum served in the Navy from 1965-75. Westinghouse supplied the asbestos-containing insulation that … Continued
The plaintiff filed a petition for damages in the 18th Judicial District Court for the Parish of Iberville on February 23, 2017, and named Avondale, among others, as a defendant. The plaintiff alleged he contracted mesothelioma during his employment with Avondale caused by “dangerously high levels of toxic substances, including asbestos and asbestos containing products, in … Continued
The plaintiffs filed suit against several defendants including Avondale alleging that their decedent, Ms. Blouin, contracted mesothelioma after washing the laundry of her husband’s work clothes. Victor Blouin worked as an electrician for Avondale onboard two government vessels from April 1972 until August 1972. The plaintiffs’ claims were brought in negligence and not for strict … Continued
Defendant Crane Co. appealed the remand ordered by the district court to New York State Court. Crane had removed based upon the federal officer removal statute. The appellate court affirmed the remand without a summary of the underlying facts. First, Crane argued remand was erroneous because the federal courts had original subject matter jurisdiction. The … Continued