Real-Time Court Decisions and Other Developments in Asbestos Litigation.
VIRGINIA — The State of Virginia recently expanded the potential duty to warn owed for take-home asbestos exposures in the Quisenberry case. The plaintiff Wesley Quisenberry filed suit on behalf of his decedent mother, alleging that her exposure to asbestos while laundering her father’s clothes caused her mesothelioma. The plaintiff’s decedent’s father worked at a …
LOUISIANA — The plaintiff James Latiolas, filed suit in Louisiana State Court alleging asbestos exposure while working at the Avondale shipyard. The plaintiff only asserted a negligence claim against Avondale and Avondale removed the case on the basis of the federal officer defense. The plaintiff filed a motion to remand, which was granted. On appeal, …
CALIFORNIA — On November 7, 2018, the plaintiffs filed an amended complaint in state court alleging that decedent, Ronald Viale, was exposed to asbestos when he was employed by the U.S. Navy as a steamfitter/firefighter from 1968 to 1970, and that he developed mesothelioma as a result of said exposure. On January 3, 2019, Foster …
VIRGINIA – A jury in Norfolk Circuit Court issued a $5 million verdict in favor of the plaintiff Danielle Caraco (plaintiff) on behalf of the decedent Stephen Fowlkes (decedent), finding that the decedent had been diagnosed with asbestosis as a result of his exposure to asbestos-containing railroad brakes during his employment at Norfolk Southern Railway …
NEW JERSEY — Multiple deceased plaintiffs brought actions against Honeywell alleging they contracted mesothelioma as a result of exposure to asbestos from Bendix brakes while working as mechanics in the United Kingdom. The plaintiffs filed in New Jersey despite the alleged exposure oversees. Honeywell moved for dismissal based on the doctrine of forum non conveniens …
In Stearns v. Metropolitan Life Insurance Company, the Massachusetts Supreme Court addressed whether the six-year statute of repose for claims against those involved the design, planning, construction, or general administration of improvements to real property, applies to asbestos personal injury claims, which would typically arise after the statue would bar their assertion. The statute at …
CALIFORNIA — In 2010, Donna O’Balle filed a complaint against numerous defendants alleging personal injuries from exposure to asbestos dating back to the 1980’s. Associated Insulation of California, Inc. (Associated), one of the defendants, was served, but did not respond, having gone out of business long before. O’Balle filed a request for entry of default …
NEW YORK — In the latest decision in a long-running series of cases involving coverage for thousands of asbestos-related lawsuits filed against Fulton Boiler Works, Inc., the Federal District Court for the Northern District of New York established principles for the application of a notice provision in an insurance policy. Travelers Casualty and Surety Company …
CALIFORNIA — A coverage dispute arose from numerous claims filed, in various jurisdictions, against Deere & Company for personal injuries arising from alleged exposure to asbestos-containing brakes, clutch assemblies, and gaskets used in Deere machines. In this decision, the court addressed two issues: 1) whether Deere’s higher-layer excess policies were triggered once the first-layer excess …
NEW YORK — The plaintiff Laura Shanahan sued Kolmar Laboratories, Inc. (Kolmar), Johnson & Johnson (J&J), and seven other defendants in state court in New York, alleging that her use of their asbestos-containing talc products led to the development of mesothelioma. While the plaintiff and Kolmar were both residents of New York, J&J nonetheless removed …