Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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 …
The family of Tyrone Melancon filed suit in Louisiana state court alleging that his development of mesothelioma and subsequent death were caused by his exposure to asbestos at the Huntington Ingalls shipyard where he was employed from 1965 to 1979. The plaintiffs alleged that Huntington Ingalls negligently failed to warn Tyrone Melancon of the dangers of …
The United States District Court, District of Montana, issued identical decisions in three with the following similarly situated plaintiffs (collectively as “plaintiffs” ) and defendant BNSF Railway Company (BNSF): Lloyd E. Underwood (CV-17-83-GF-BMM-JTJ); Carrie Sue Murphy-Fauth (CV-17-79-GF-BMM-JTJ); Consuela Deason, as Personal Representative for the Estate of James E. Deason (CV-17-76-GF-BMM-JTJ). In each case, BNSF filed …
NEW YORK — The plaintiffs sued Johnson & Johnson (J&J) and Johnson and Johnson Consumer Inc. (JJCI), alleging that Mrs. Hammock’s exposure to asbestos-containing J&J baby powder caused her to develop mesothelioma. Mrs. Hammock was a Virginia resident her entire life, and all of her alleged exposure took place in Virginia. JJCI is the …
LOUISIANA — The plaintiff filed suit against multiple defendants alleging that he contracted mesothelioma as a result of exposure to asbestos products at various worksites from 1960-1979. The plaintiff initially filed suit against 20 defendants in the Civil District Court for the Parish of Orleans. On July 23, 2018 Defendants Union Carbide Corporation and Bayer …
FLORIDA — The plaintiff Steven Bolin alleged that he developed mesothelioma from exposure to asbestos from his work with various products in Florida from 1969 to 1981. Specific to the appellant, Bolin’s amended complaint alleged that he used Southern Wall Products’ (SWP) joint compound while working as a laborer and/or construction worker in Florida in 1975-1977. SWP …
NORTH CAROLINA — The plaintiff filed suit against 62 defendants including Ford Motor (Ford) and Hennessey Industries (Hennessey) alleging he was injured as a result of exposure to the defendant’s asbestos containing products or equipment. Ford and Hennessey moved to dismiss the plaintiff’s claims for fraud and fraudulent misrepresentation arguing that the plaintiff failed to state …
CALIFORNIA — Plaintiffs, Allen and Pamela Rudolph, filed suit against Rudolph & Setten, Inc. (R&S), a general contracting company started by Allen Rudolph’s father, alleging that the plaintiff was exposed to asbestos as a child from take home exposure via his father, and also while employed by the company himself. R&S filed a demurrer to the …
PENNSYLVANIA — The plaintiff, Sharon Gilbert, filed suit as the executive of the estate of her husband, Guy Gilbert, and in her own right, alleging decedent was exposed to asbestos while working as an auto mechanic at Alray Tire in Pittsburgh, PA from 1975 to 1985. The plaintiff alleged that such exposure caused decedent’s mesothelioma. …