Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Jurisdiction: United States District Court for the Eastern District of Louisiana The Avondale defendants, Huntington Ingalls Inc. and its alleged liability insurers, moved to dismiss plaintiff Dennis Arceneaux’s claims for declaratory and injunctive relief. Plaintiff Arceneaux alleged he was exposed to asbestos in his work at Avondale Shipyard from 1966 to 1968. In the instant …
Court: Business and Consumer Court of Maine, Cumberland County In this matter, Stephan Co. (“Stephan”) filed a motion to dismiss for lack of personal jurisdiction. The plaintiff, Jan Cuthbertson (“Plaintiff”), lives in Camden, Maine. Stephan is incorporated in and maintains its principal place of business in Florida, manufacturing, selling, and distributing hair care and personal …
Back in 2009, Salvador Parra filed suit in the trial court of Jones County, Mississippi against 19 companies for asbestos exposure. He amended to clarify he was a Louisiana citizen but was employed in Mississippi in 1968-69 in multiple towns including Sandersville (Jones County). Parra died in 2011, at which point his wife, Peggy Parra, …
Pamela Davis Lyles vs. K&B Louisiana Corporation, et al. In this asbestos action, plaintiff Pamela Davis Lyles alleges asbestos exposure from the daily use of Johnson & Johnson’s Baby Powder and Shower-To-Shower between 1969 and the 1990s. The plaintiff further claims to have ultimately developed peritoneal mesothelioma from the use of these talcum powder products. …
Jurisdiction: Court of Appeals of Indiana In this asbestos action, it was alleged that decedent, Ronald McBride had asbestos exposure from the use of asbestos-containing talcum powder products while living in Indiana and Florida from 1970 to 2021. In August 2021, it was further claimed that Mr. McBride was diagnosed with malignant pleural mesothelioma because of …
Supreme Court of New York – New York County Eric Biljetina, et al. vs. Brenntag North America, Inc., et al. In this action, the plaintiffs allege the decedent had asbestos exposure through the use of Jean Nate talcum powder. The decedent was ultimately diagnosed with mesothelioma in 2016. In 2024, the plaintiffs filed a Third …
Jurisdiction: United States District Court for the Middle District of Pennsylvania This is a prisoner civil-rights case filed pursuant to 42 U.S.C. § 1983, regarding the conditions of confinement in Huntingdon State Correctional Institution (SCI-Huntingdon). The case was originally filed as a putative class action by three individual pro-se plaintiffs on behalf of a class of Huntingdon …
Jurisdiction: Supreme Court of New York, New York County On July 22, 2021, plaintiffs filed a complaint alleging asbestos exposure. Plaintiffs’ complaint specifically claims that asbestos exposure caused plaintiff Victoria Pawlowski to be diagnosed with peritoneal malignant mesothelioma after undergoing laparoscopic surgery, resulting in a nodule to be removed from her peritoneum. Defendants filed a …
Superior Court of Delaware, New Castle In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In 1990, the Celotex filed for bankruptcy. Subsequently, a settlement trust was created to pay claims of persons who had pending asbestos …
Court: United States District Court for the Middle District of Florida, Tampa Division In this asbestos action, defendants Atwood & Morrill Co. Inc. and Warren Pumps LLC filed a Daubert motion to exclude, or limit, certain causation testimony and opinions of plaintiff’s expert, David Zhang, MD. Plaintiff Arnold Edmonds served aboard the USS Saratoga from …