Real-Time Court Decisions and Other Developments in Asbestos Litigation.
LOUISIANA — The plaintiff Victor Michel alleged that he developed peritoneal mesothelioma from exposure to asbestos in his work as a mechanic performing work on engines and brakes. Ford Motor Company is the only remaining defendant in this matter. The court ruled on motions by the plaintiff and Ford, and ultimately continued the trial. After … Continued
PENNSYLVANIA — Yesterday, a federal judge disagreed with the defendants, Ford Motor Company and AT&T, that the court lacked jurisdiction over the companies, but determined that the plaintiff Rhonda J. Gorton’s pleadings were deficient nonetheless. Ms. Gorton sued Ford, AT&T, and several other parties alleging that they exposed her late husband Thomas Gorton to asbestos, … Continued
MISSOURI — The plaintiff Shawnee D. Douglas originally filed suit against multiple entities, contending that her use of talc product caused her malignant mesothelioma. Johnson & Johnson (J&J) removed the case to federal court on the grounds that diversity of citizenship exists because, inter alia, the only Missouri-based defendant, PTI Union, was “fraudulently joined.” Numerous … Continued
DELWARE — Yesterday, Imerys Talc America, Inc., Imerys Talc Vermont, Inc., and Imerys Talc Canada Inc. filed a petition to seek bankruptcy protection under U.S. Chapter 11. In support of their petition, the Imerys entities referenced “significant potential liabilities as a result of thousands of claims by plaintiffs alleging personal injuries caused by exposure to … Continued
SOUTH CAROLINA — A $14 million verdict against Celanese Corporation was upheld on appeal in the mesothelioma case of 70 year old deceased the plaintiff Dennis Seay. Seay did maintenance and repair work in a Celanese plant as a contractor for Daniel Construction for nine years in the 1970s. In 2015, a South Carolina jury … Continued
MISSISSIPPI — The plaintiff filed suit against A-1 Auto Parts and Repair (A-1) alleging he developed mesothelioma as a result of exposure to asbestos from his work as a mechanic and exposure to talcum powder. A-1 moved for dismissal under Federal Rule 12 (b) 6 arguing that it was an “innocent seller” under Mississippi Products … Continued
ARKANSAS — An Arkansas jury awarded plaintiff Ronald Thomas $18.5 million after a three week trial against Honeywell International, successor-in-interest to Bendix. However, prior to the verdict Honeywell and the plaintiff agreed to settle claims for an undisclosed amount. The plaintiff alleged that he developed mesothelioma in part due to his work at a brake … Continued
CALIFORNIA — A three judge appellate panel in California issued a writ of mandate requiring the trial court to vacate its prior order, and to grant oetitioner/olaintiff David Ellis’ motion for trial preference. The plaintiff alleged that he suffered from asbestos-related kidney cancer and pleural disease, and filed suit against numerous defendants in 2016. After having … Continued
A jury returned a multi-million dollar verdict against valve defendant Fisher Controls International LLC (Fisher) on January 24. The plaintiffs filed suit against Fisher and other defendants alleging that Thomas Glenn developed mesothelioma as a result of exposure to asbestos while working as a pipe fitter for Duke Power. Mr. Glenn’s work involved the use … Continued
NEW JERSEY — In Arthur G. Whelan v. Armstrong International Inc. et al, various defendants convinced the New Jersey Supreme Court to review a ruling that manufacturers may be held liable for failure to warn about the risks of asbestos-containing components or replacement parts in their products even if they did not build or distribute the … Continued