Real-Time Court Decisions and Other Developments in Asbestos Litigation.
CALIFORNIA — Westinghouse appealed the decision of the District Court for the Central District of California, which remanded the matter due to the lack of a colorable federal defense.The district court concluded that the asbestos insulation in a nuclear propulsion system was not military equipment and therefore Westinghouse failed to present a colorable military contractor …
In most cases asserting asbestos-related injuries resulting from alleged exposure, the plaintiffs will also file proof of claims (POCs) with asbestos bankruptcy trusts. These trusts are set up when companies that mined or supplied asbestos or manufactured asbestos-containing products can no longer afford to defend a barrage of costly asbestos-exposure lawsuits and, accordingly, file for …
The laintiff Gary Farris, brought suit against multiple product manufacturers and distributors alleging that his diagnoses of lung cancer and asbestosis were causally related to asbestos exposure he sustained while 1) working on brakes and clutches in an automotive shop during the summers from 1960 to 1964 and shadetree automotive repairs from the 1960s to …
LOUISIANA –The plaintiff filed suit against several defendants including Huntington Ingalls (Avondale) and Kaiser Gypsum (Kaiser) alleging her mother, Dolores Punch, developed and passed from mesothelioma as a result of exposure to asbestos for which the defendants were liable. Specifically, the plaintiff alleged that her decedent was exposed to asbestos fibers from washing the laundry …
NEW YORK — New York’s highest Court issued its first decision addressing causation standards in an asbestos case, and upheld the trial and intermediate appellate court decisions granting Ford Motor Company judgment as a matter of law in Juni v. A.O. Smith Water Products Co. et al.. ACT has previously reported on the Juni matter here and …
CALIFORNIA — Plaintiff David Hart appealed the entry of summary judgment in favor of Special Electric Company on the basis that the claims against the company were time-barred under Wisconsin law. The plaintiff sued Special Electric alleging that his mesothelioma was caused by exposure to asbestos from products supplied by the company. Special Electric, a …
The plaintiffs, Silverio and Faye Onorato, brought suit against numerous asbestos manufacturers and distributors alleging that Mr. Onorato developed mesothelioma from his exposure to asbestos, which occurred entirely in the State of Florida. The defendant, Highland Stucco and Lime Products, Inc.,(Highland) moved to dismiss the plaintiffs’ claims by arguing that there was no personal jurisdiction …
KANSAS — Asbestos Case Tracker brings you the following development in the previously reported Robert Rabe case. Click to read the factual background. The defendant, The Budd Company (Budd) moved in limine to exclude the plaintiff’s experts, Drs. Brody, Castleman and Frank. The court began its analysis with the standard for expert challenges: A witness who …
The plaintiff filed this appeal after denial to entitlement of disability compensation for chronic obstructive pulmonary disease “COPD” which she claimed was caused by exposure to asbestos. Ms. Mussman’s claimed that her decedent, Mr. Mussman, was exposed to asbestos was while serving onboard the U.S.S. McNair from 1950-1954. Specifically, it was alleged that Mr. McNair …
NORTH CAROLINA — In October, the plaintiff, Ann Finch, prevailed against Covil Corp. in a mesothelioma case involving her husband’s workplace exposure at Firestone. Covil made asbestos insulation that Mr. Finch worked around daily while changing molds on tire presses. The plaintiffs were awarded $32.7 million by the jury, which found that Covil failed to …