Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of New York, New York County, February 16, 2021 In this action, plaintiff James Witte alleged asbestos exposure from supervising the installation of fire doors manufactured by T.M. Cobb Company in Manhattan. Cobb moved to dismiss the plaintiff’s complaint based on lack of personal jurisdiction. Cobb argued that the court did not have …
U.S. District Court for the Eastern District of Arkansas, Central Division, August 25, 2020 Defendant Federal-Mogul Asbestos Personal Injury Trust, as successor to both the Felt-Products Manufacturing Company and the Vellumoid Division of Federal-Mogul Corporation, filed separate motions to dismiss on behalf of each. The court notes that both motions failed to comply with Local …
U.S. District Court for the Western District of New York, July 29, 2020 On February 28, 2019, plaintiffs John Castro and Joyce Castro commenced this products liability action in state court against defendants, including CVS Pharmacy, alleging that Mr. Castro was diagnosed with mesothelioma as a result of his exposure to asbestos from his use of asbestos-contaminated talc products. …
U.S. District Court for the District of Maryland, June 12, 2020 Family members (plaintiffs) of the decedent Cynthia Cartwright alleged exposure to asbestos-containing talcum powder attributed to defendants Cyprus Amax Minerals Company, Avon Products Inc., and Johnson & Johnson Consumer Inc. (JJCI), which the plaintiffs claim resulted in the decedent’s fatal mesothelioma. The plaintiffs initially …
U.S. District Court for the Western District of Kentucky In Jack Papineau and Holly Papineau v. Brake Supply Company, Inc., et al., the court recently denied a third-party defendant’s motion to dismiss a third-party complaint without prejudice. Plaintiff Jack Papineau alleged he developed malignant mesothelioma from exposure to asbestos from his employment at Smith Coal, and …
U.S. District Court for the Eastern District of Louisiana, May 8, 2020 The plaintiff, Jesse Hernandez, alleged he was exposed to asbestos from, among other things, working at a family grocery store and deli from 1957 to 1966. Specifically, Mr. Hernandez alleged that plant workers from a nearby Allied Chemical plant came into the grocery …
United States District Court, E.D. Louisiana, March 31, 2020. Plaintiff, Harry F. Marsh, was diagnosed with mesothelioma allegedly as a result of his exposure to asbestos during his time as a seaman. He filed a Complaint in state court against several defendants on January 18, 2019. Shortly thereafter, Defendant and Cross-Claim Plaintiff, Huntington Ingalls removed the …
In Jack Papineau and Holly Papineau v. Brake Supply Company, Inc., et al., the Court recently granted a third-party defendant’s motion to dismiss a third-party complaint. Plaintiff Jack Papineau (“Papineau”) alleged that he developed malignant mesothelioma from exposure to asbestos from his employment at Smith Coal, and sued four defendants. After the action was filed, …
U.S. District Court, E.D. North Carolina, Northern Division, February 26, 2020 NORTH CAROLINA – On December 21, 2017, the plaintiff, Karen Cahoon filed a complaint alleging state law claims of negligence, breach of an implied warranty, failure to warn and punitive damages against, among others, the defendant, Edward Orton, Jr. Ceramic Foundation. A scheduling order …
LOUISIANA – The United States District Court for the Eastern District of Louisiana has granted a public university’s motion to dismiss a mesothelioma case pursuant to immunity provided by the Eleventh Amendment to the United States Constitution. The plaintiff, Carey Gomez, alleged that he was exposed to asbestos from several sources throughout his lifetime, including …