Real-Time Court Decisions and Other Developments in Asbestos Litigation.
DELAWARE — The plaintiffs initially filed suit in the Superior Court of Delaware on November 2, 2016 against various defendants asserting claims arising out of an alleged exposure to asbestos suffered by the plaintiff Earl Janis, Jr. (Janis). The case was removed to federal court on February 16, 2017 pursuant to the federal officer removal …
PENNSYLVANIA -The plaintiffs filed suit in the Philadelphia Court of Common Pleas against Imerys and Johnson & Johnson, alleging that the plaintiff Carrie Youse’s use of cosmetic talcum powder caused her to develop mesothelioma. Imerys filed a notice of removal, including within the notice J&J’s consent. Soon thereafter, Imerys filed a Motion to Dismiss for …
CALIFORNIA – The plaintiff Darryl Schilling (plaintiff), incarcerated at San Quentin State Prison, filed a civil rights action, pro se, asserting that his constitutional rights were violated under Section 1983 by the defendant California Prison Industry Authority (CALPIA) since it showed “knowing indifference” to the plaintiff’s health and safety in having him work at the …
RHODE ISLAND — The plaintiff filed suit on behalf of her husband, Michael Mannix, alleging that his death was caused by exposure to asbestos. She sued CBS, among other defendants, related to his work on ships in the Navy. After years of discovery, the plaintiff’s counsel sent CBS a settlement demand letter in which it …
CALIFORNIA — Beginning in 2009, several asbestos plaintiffs filed claims against the Associated Insulation of California (the Associated). The Associated ceased operating in 1974 and did not respond to the plaintiffs’ complaints. Two of the plaintiffs notified the Associated’s alleged insurer, Fireman’s Fund, of the lawsuits. However, Fireman’s Fund could not locate any policies issued …
WASHINGTON — In the ongoing Leslie Jack litigation previously reported by Asbestos Case Tracker, the plaintiff’s Motion for Entry of Final Judgment in favor of Union Pacific Railroad (Union) was recently denied. The plaintiff moved for entry after Union’s motion for summary judgment was granted by the court and after a mistrial against remaining defendants …
Last month, the American Tort Reform Association (ATRA) issued its always anticipated annual report on Judicial Hellholes. Not surprisingly, asbestos litigation remained a common engine driving the same familiar jurisdictions to repeated billing on the list. ATRA’s report attempts to shine a light on the conduct of all tort litigation in the United States, with …
LOUISIANA — The defendants Ford and Cummins filed motions in limine to exclude or limit the expert testimony of the plaintiffs’ experts Dr. Brent Staggs, Dr. Murray Finkelstein, and Christopher Depasquale. The plaintiff Victor Michel filed suit in state court against multiple defendants, alleging that his exposure to asbestos while working as a mechanic and generator …
LOUISIANA — The plaintiff Callen Dempster filed suit against multiple defendants, alleging that he was exposed to asbestos and asbestos-containing products while employed by Avondale Industries, Inc. (Avondale) from 1962-1994. The plaintiff originally filed suit in the Civil District Court for the Parish of Orleans, State of Louisiana, on March 14, 2018. On June 21, …
LOUISIANA — The plaintiff Victor Michel filed suit in state court against multiple defendants, alleging that his exposure to asbestos while working as a mechanic and generator service technician caused him to contract peritoneal mesothelioma. The defendants removed the action to the Eastern District of Louisiana, and Ford and Cummins Inc. filed a joint motion …