Real-Time Court Decisions and Other Developments in Asbestos Litigation.
ILLINOIS — Continuing a national trend following the Bristol Myers Squibb Co. v. Supreme Court of California (2017) and Daimler AG v. Bauman (2014), the Supreme Court of Illinois has issued a personal jurisdiction opinion that will limit the ability of out-of-state plaintiffs to file suit in Illinois against “non-resident” or foreign defendants. In the … Continued
On July 19, 2017, Justice Ellen Gesmer of the Appellate Division, First Department generally granted various NYCAL defendants’ order to show cause seeking a temporary stay of the implementation of a new NYCAL Case Management Order (CMO), which was issued by prior NYCAL Justice Peter Moulton. The order provides for a minor exception to the … Continued
On June 20, 2017, NYCAL Justice Peter Moulton issued a new case management order (New CMO) and an accompanying case management decision (the Decision). As the Decision states, the court’s New CMO follows from a 2014 decision from prior NYCAL Justice Heitler as to whether punitive damages should continue to be deferred in NYCAL. After … Continued
On May 22, 2017, New York Governor Andrew Cuomo appointed New York City Asbestos Litigation (NYCAL) Supreme Court Justices Cynthia S. Kern and Peter H. Moulton to the First Department-Appellate Division. Associate Justice Rolando Acosta was designated to the Presiding Justice of this Appellate Division and Supreme Court Justices Jeffrey Oing and Anil Singh will … Continued
The estate of decedent Ronnie Startley filed a complaint against multiple defendants, including Welco Manufacturing Company, alleging that the defendants’ products caused the decedent to contract mesothelioma. All defendants except Welco either were dismissed or settled with plaintiffs prior to trial. Welco proceeded to trial. After trial, the trial court directed a verdict in favor … Continued
The Mississippi House and Senate approved a conference report regarding asbestos bankruptcy trust transparency legislation. The bill is expected to be signed into law. Findings of the Conference Committee include an acknowledgement that approximately 100 employers have declared bankruptcy related to asbestos litigation. Further, 85 percent of industries in the U.S. economy have been named … Continued
John Crane, Inc. (JCI) filed suit against Benjamin Shein and the Shein Law Center (the defendant) for fraud, alleging that the defendant fraudulently obtained settlements with and verdicts against JCI by misrepresenting the exposure of asbestos plaintiffs to JCI’s products and concealing the plaintiffs’ exposure to products of other manufacturers. The complaint focused on four … Continued
Plaintiff John Crane Inc. brought a six-count complaint against defendants Simon Greenstone Panatier Bartlett, P.C., Jeffrey B. Simon, and David C. Greenstone, alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961, et seq., and common law claims for conspiracy and fraud in the U.S. District Court for the Northern … Continued
An ongoing issue in asbestos litigation is whether plaintiffs have received monies from bankruptcy trusts. The plaintiff’s bar has traditionally fought discovery of this information, but recently South Dakota became the first state to enact legislation regarding this issue. Senate Bill No. 138 recommends amending the code to order plaintiffs to identify any asbestos trust … Continued
Plaintiff James Fletcher was diagnosed with pleural mesothelioma in 2015. From 1988 until 1997, he worked in a tool trailer at the Exxon refinery in Baton Rouge, Louisiana. During that time, Fletcher was employed by J. E. Merit, a contractor that provided additional workers for Exxon during maintenance activities known as “turn-arounds.” On February 4, … Continued