Real-Time Court Decisions and Other Developments in Asbestos Litigation.
On July 31, 2018, the Pennsylvania Supreme Court granted William Roverano’s petition for allowance of appeal from the Superior Court’s December 2017 ruling that the Pennsylvania Fair Share Act applied to asbestos strict liability claims. Specifically, the court accepted review of two issues: 1) Whether, under this issue of first impression, the Superior Court misinterpreted …
NEW YORK — The plaintiff’s Decedent Joseph Tolan allegedly worked with asbestos-containing gaskets, including sheet gaskets, manufactured by Goodyear Tire and Rubber Company (Goodyear) starting in 1977 at the United States Army’s Seneca, NY Depot. Goodyear filed a motion for summary judgment, stating that it ceased making asbestos-containing gaskets in 1969. Goodyear further argued that …
NEW JERSEY — The plaintiff, Arthur Whelan, worked as a plumber and auto mechanic and later developed mesothelioma. He filed suit against numerous manufacturers of boilers, valves, steam traps and brake drums. While the plaintiff did install original products, the bulk of his testimony concerned replacement components used with the products. Many defendants filed motions …
MISSOURI – The city of St. Louis, Missouri, has traditionally been an unfavorable venue for defendants, particularly for those involved in allegations of personal injury or death due to cancer caused by asbestos or talc exposure. Until recently, these two causative agents – asbestos and talc – were separate materials for purposes of personal injury …
LOUISIANA — The plaintiff Terry Brady alleged that his lung cancer was caused by exposure to asbestos while working aboard U.S. Navy vessels from 1968-1989. During the plaintiff’s time aboard the USS Robert A. Owens, the ship docked at a shipyard operated by defendant Avondale Shipyards. The plaintiff filed this matter in state court, alleging that …
ALABAMA — The plaintiffs Ray and Donna Franklin alleged that Mr. Franklin’s death from asbestosis-related respiratory failure arose from his work with clutches manufactured by defendant Dana Corporation. The action, originally filed in Calhoun County Alabama, was removed to federal court, and was transferred to the MDL in the Eastern District of Pennsylvania. While in the MDL, …
NEW YORK — The plaintiffs filed suit against the defendants alleging damages for environmental contamination within the City of Rochester. Specifically, the plaintiffs claimed that the successors in interest to the defendants caused contamination to their property throughout the 1960’s and 1970’s. Defendant Valero Corporation (Valero) moved for dismissal of the plaintiff’s second amended complaint …
NEW JERSEY — The plaintiff filed suit on behalf of her decedent Robert Fish alleging he developed mesothelioma as a result of exposure to asbestos products of the defendants. Specifically, the plaintiff believed Mr. Fish was exposed to joiner panels while working onboard the USS Savannah for New York Shipbuilding and Drydock Company. The dfendants …
OHIO — The plaintiff James Bennett filed a worker’s compensation claim for his development of “pleural plaque” disease he attributed to asbestos exposure while working for Scotts Miracle Grow (Scotts). Bennett began receiving benefits for his claim but then filed for additional payments for his recent “asbestosis” diagnosis. The hearing officer denied his claim for …
NEW YORK — The plaintiff, Salvador Parra, developed asbestosis after working as an insulator in the 1960s and 1970s. He filed suit in 2009 in Mississippi against numerous Manville-related entities, including Marsh USA, Inc., a Manville insurer. In 1986, Marsh contributed $29.75M to the Manville Trust in exchange for a release of all claims “arising out …