Real-Time Court Decisions and Other Developments in Asbestos Litigation.
LOUISIANA – The plaintiff, Terry BonDurant, alleged that he was exposed to asbestos while working as an electrician at various refineries in Louisiana, Texas and Florida from 1964 to 1979, and that he contracted mesothelioma from that exposure. He filed suit against numerous defendants, including Gould Electronics. However, at his deposition, the plaintiff did not … Continued
LOUISIANA – The plaintiff, Terry Bondurant, alleged exposure to asbestos while working as an electrician at various chemical plants in Texas and Louisiana, including a plant located in Texas that belonged to the defendant, Eastman Kodak. . Kodak, however, was incorporated in New Jersey and has its principal place of business in New York. Kodak … Continued
CALIFORNIA – The plaintiff Thomas Toy alleged that his mesothelioma diagnosis was a result of asbestos exposure that incurred in multiple Navy shipyards to a variety of products throughout his machinist career. He claimed he was exposed to friction products in his role as a mechanic for the Army while stationed in Germany, Korea, and … Continued
CALIFORNIA — The plaintiff, Gary Farris, alleged that his lung cancer was caused by performing brake and clutch changes at an automotive shop in San Jose, California from 1960 to 1964, and while performing personal automotive work from the 1960s to the 1980s. He named several manufactures of automotive brakes. His theory of liability against … Continued
In Shawnee D. Douglas v. Imerys Talc America, Inc., et al., Johnson & Johnson filed a motion to dismiss for improper venue, and in the alternative, motion to transfer. This involves a plaintiff alleging that she suffers from malignant peritoneal mesothelioma as a result of her exposure to asbestos from talc-based products. The lawsuit was … Continued
MISSISSIPPI — Detroit Diesel Corporation moved to dismiss certain claims filed against them by the plaintiffs, who alleged that William Dickens developed mesothelioma following exposure to Detroit Diesel engines from 1980 to 2010. The motion to dismiss was unopposed. Detroit Diesel moved to dismiss four alternative theories of liability not recognized under Mississippi law: enterprise … Continued
MISSISSIPPI – The plaintiffs William Dickens and Karla Dickens (plaintiffs) allege that the plaintiff William Dickens’s (Mr. Dickens) mesothelioma was caused by exposure to asbestos within products he used while employed as a mechanic, and within talcum powder products he used. Ford Motor Company (Ford) was named as one of the defendants since it, “designed … Continued
NORTH CAROLINA – The plaintiffs Everett VanHoy and Lucille VanHoy (plaintiffs) filed this personal-injury action against multiple defendants, including American International Industries (AII), alleging the plaintiff Everett VanHoy’s (Mr. VanHoy) mesothelioma was caused by his exposure to a variety of asbestos-containing products throughout his life. AII moved to dismiss, under Rule 12(b)(6), the plaintiffs’ complaint … Continued
The plaintiff filed suit against multiple defendants, alleging her decedent developed mesothelioma as a result of exposure to asbestos containing products. Within the complaint, Ms. Stewart added a count for loss of consortium. The defendant moved to dismiss the loss of consortium count pursuant to Federal Rule of Civil Procedure 12(b)(6). The plaintiff filed no … Continued
The plaintiff filed for voluntary dismissal in order to re-file in the State of Pennsylvania. Various defendants had filed motions to dismiss for lack of personal jurisdiction. Two defendants, Evenheat Kiln and Sargent Art, objected to the plaintiff’s motion to dismiss without prejudice. The court denied the plaintiff’s motion to dismiss with respect to Evenheat … Continued