Real-Time Court Decisions and Other Developments in Asbestos Litigation.
On Monday, March 28, 2016, Judge Graham Mullen of the Western District of North Carolina granted Garlock Sealing Technologies’ motion to stay the four racketeering lawsuits fired against it. Judge Mullen granted Garlock’s motion based on the parties’ “consent and for good cause shown.” In its motion, Garlock explained that it reached an agreement on … Continued
Appellants Arthur David Sugar, Honey Creek Contracting Company, Inc., Dave Sugar Excavating, LLC, ADS Leasing Corp., and Excavating Technologies appealed findings of personal liability, joint and several liability, and a March 27, 2013 environmental enforcement civil penalty awarded to the State of Ohio by the Jefferson County Common Pleas Court. Appellant Sugar individually argued that … Continued
In a prior action brought by estate representative, Delores Robertson, for alleged asbestos exposure to the decedent, Thomas Robertson, Garlock Sealing Technologies LLC was found by a jury to be 25-percent liable. The remainder of the liability was split between the decedent and other settled and non-settled first and third party defendants. Judgment was entered … Continued
On January 29, 2016, the Kyoto District Court held that nine companies must pay 112 million yen in damages for selling materials without warning that they contained asbestos. Presiding Judge Kazumi Higa further ordered the government to pay 104 million yen for its failure to take preventative measures. This lawsuit arose when a former construction worker filed … Continued
The Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust recently filed a SC 13G/A form. The form reported a decreased stake in the company by a total of -29.36 percent to 5,251,234 shares, leaving the Trust owning 9.5 percent of the Industrials-company. This form was required as a result of trading activity on December 31, 2015. … Continued
On January 11, 2016, Judge Garrett L. Wong formally replaced the Honorable Teri L. Jackson as the San Francisco Superior Court Asbestos Presiding Judge. Judge Wong, a San Francisco native and alum of the University of California, has worked in civil and criminal litigation in the public and private sectors. He was originally appointed to … Continued
Congress has approved two programs that will provide financial support for those who were sickened following the terrorist attacks on 9/11 on the World Trade Center and those veterans who have been diagnosed with mesothelioma as a result exposure to asbestos during their service. The funding bill is valued at $1.1 trillion and has been … Continued
The staff of Senator Edward J. Markey (D-Mass.) has released a new report that confirms that students, teachers, and staff are still at risk for asbestos exposure. On March 31, 2015, Senator Markey and Senator Barbara Boxer (D-Calif.) began an investigation into the management of asbestos hazards in school buildings. In doing so, they sent … Continued
In November, Ford’s counsel brought a motion seeking sanctions against John Crane and its attorneys and plaintiff’s counsel. Ford alleges that John Crane has continuously cooperated with plaintiffs in remaining in cases as a “straw man” to prohibit removal to federal court. Genuine Parts Company joined in with the motion, but subsequently asked to withdraw the … Continued
Following a five week trial and after two jurors asked to be excused during jury deliberations, former New York Assemblyman Sheldon Silver was convicted on all seven corruption charges arising from two deals that netted him approximately $4 million in kickbacks. One deal involved the transfer of $500,000 in State funds to Silver’s friend, Dr. … Continued