Asbestos Case Tracker

LATEST INSIGHTS

January 8, 2019 • Asbestos Case Tracker, Louisiana, Remand/Removal

Louisiana Case Remanded Due to Lack of Causal Nexus Between Defendants’ Actions Under Color of Federal Office and Plaintiff’s Negligence Claims

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, …

January 8, 2019 • Asbestos Case Tracker, Louisiana, Summary Judgment

Defendants’ Joint Motion for Summary Judgment Failed Due to Unresolved Issues of Material Fact

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 …

January 3, 2019 • Asbestos Case Tracker, Other Asbestos News, Punitive Damages, Texas

Denial of Texas County’s Jurisdictional Challenges Upheld on Appeal

TEXAS — In a case involving the mesothelioma death of a longtime jurist in Jefferson County, Texas attributed in part to asbestos remediation at the courthouse, a Texas Appellate Court affirmed the order of the trial court on all issues against defendant/appellant Jefferson County with the exception of the applicability of claims for exemplary damages, which …

January 2, 2019 • Asbestos Case Tracker, General

Asbestos Case Tracker 2018 Compendium

We are pleased to provide the 2018 Asbestos Case Tracker Compendium containing all of posts throughout 2018 to clients and friends of Goldberg Segalla. Goldberg Segalla’s Asbestos Case Tracker blog is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Ranked on the 2018 ABA Journal Web 100 for top …

January 2, 2019 • Asbestos Case Tracker, Texas

Concurring Opinion Rules Notice Was Timely Under Texas Tort Claims Act

TEXAS – Justice Terry Jennings of the Court of Appeals of Texas issued a concurring opinion in the Jefferson County v. Farris appeal to dismiss a specific argument made by the county. The facts of the case involved a mesothelioma claim filed against the county by the wife of Judge James Farris, who passed only …

December 31, 2018 • Asbestos Case Tracker, Insurance Coverage, Pennsylvania

Insured’s Asbestos Claims Considered Multiple Occurrences But With Aggregate Limits

PENNSYLVANIA – The plaintiff Ohio Valley Insulating Company (OVI) filed a motion for partial summary judgment and the defendants Continental Insurance Company, Zurich American Insurance Company, and Granite State Insurance Company (collectively, Insurers) cross-moved for summary judgment. The court granted and denied in part both motions. With regard to the first legal issue addressed by …

December 31, 2018 • Asbestos Case Tracker, Expert Challenges, Louisiana

Plaintiff’s Experts Precluded for Untimely Disclosure

LOUISIANA — The plaintiff Victor Michel (plaintiff) initially filed suit in state court on July 28, 2017, alleging asbestos exposure as a result of his work as a mechanic and generator service technician from 1965-2005. The defendants removed the case to federal court on May 8, 2018. After the case was removed to federal court, …

December 28, 2018 • Asbestos Case Tracker, Other Asbestos News

Asbestos-Containing Cement Pipe Not a Substantial Contributing Factor to Development of Plaintiff’s Lung Cancer

LOUISIANA — The plaintiffs Thomas Handy, Jr. (Handy), his wife Sandra Handy, and son Thomas Handy, III filed suit against numerous entities, claiming that exposure to asbestos caused Thomas, Jr.’s lung cancer. By the time of trial, only one defendant remained – Ferguson Enterprises, Inc.. The plaintiffs alleged that Ferguson was the successor corporation of …

December 27, 2018 • Asbestos Case Tracker, General

Asbestos Case Tracker Named Best Litigation Blog of 2018!

We are pleased to announce that the Asbestos Case Tracker blog has once again been named the best litigation blog in the country and 3rd place overall in The Expert Institute’s Best Legal Blog Contest for 2018! The Expert Institute — a leading legal service provider for identifying, verifying, and retaining expert witnesses — holds this …

December 26, 2018 • Asbestos Case Tracker, Pleadings Challenge, State>Florida

Third Party Distribution of Talc Products in Florida Ruled Insufficient to Confer Personal Jurisdiction Over Talc Supplier

FLORIDA — A divided Florida Appellate Court granted a motion to dismiss based on a lack of personal jurisdiction over a cosmetic talc supplier, Imerys Talc America, (Imerys). See Imerys Talc Am., Inc. v. Ricketts, No. 4D17-3815, 2018 WL 6719406 (Fla. Dist. Ct. App. Dec. 19, 2018). In opposition to the motion, Plaintiff argued that …