Real-Time Court Decisions and Other Developments in Asbestos Litigation.
TENNESSEE — The plaintiff filed suit against Norfolk Southern Railroad Company (Norfolk) under the Federal Employer’s Liability Act (FELA) alleging he developed lung cancer as a result of occupational exposure to asbestos. Specifically, the plaintiff worked as a brakeman, trainman, and locomotive engineer from 1965-1999. The plaintiff passed from lung cancer in 2003 and his …
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 …
OHIO — The plaintiff sued Crane Co. and other defendants based upon his alleged exposure to asbestos while serving in the Navy from 1960 to 1967. Crane filed for summary judgment on plaintiff’s maritime law strict liability negligence claims. The court applied the Lindstrom standard. Despite the plaintiff’s urging, the court did not adopt a …
NEW JERSEY — A New Jersey State case, Thomasenia L. Fowler v. Akzo Nobel Chemicals, Inc., et al., No. MID-L-4820-11AS (N.J. Super. Ct., Middlesex Cty.), which was previously covered by ACT, has ended in a plaintiff’s verdict against a raw fiber supplier. On January 22, a Middlesex County jury returned a $2.38 Million dollar verdict …
CALIFORNIA — Following a four-week trial, nonsuit was entered just prior to closing arguments in a talc mesothelioma trial venued in Los Angeles state court. At the conclusion of the plaintiffs’ case, Colgate-Palmolive moved for nonsuit, arguing that the plaintiffs had failed to present a prima facie case linking the use of Cashmere Bouquet talcum …
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 …
PENNSYLVANIA – The plaintiff Charles Brandt (plaintiff), on behalf of the decedent Sally Brandt (decedent), commenced an asbestos-related action against, among other defendants, Colgate-Palmolive Company (Colgate), alleging that the decedent’s use of Colgate’s Cashmere Bouquet talcum powder exposed the decedent to asbestos, resulting in her mesothelioma diagnosis. Following a Frye hearing, the Philadelphia County Court …
LOUISIANA — The plaintiff James Sizemore filed suit in Louisiana State Court against multiple defendants, alleging that his diagnosis of mesothelioma was caused by exposure to asbestos while working as a welder, pipefitter, and boilermaker at numerous industrial facilities. The plaintiff’s alleged exposure to certain defendants products occurred exclusively in South Carolina, and those defendants …
With 2019 now in its second month, there are a number of imminent developments on which members of the asbestos bar should keep an eye. While this post will primarily focus on litigation in Philadelphia and Pennsylvania, it touches on one national topic as well. The following is a summary of four important pending events: …
LOUISIANA — The plaintiff filed suit against multiple defendants alleging he developed mesothelioma while working for Radcliff Materials, a predecessor of Dravo Basic Materials Company (DBMC). Prior to filing suit in Louisiana, The plaintiff had filed a products liability suit against several defendants in California including DBMC. The plaintiff dismissed DBMC from the California suit …