Real-Time Court Decisions and Other Developments in Asbestos Litigation.
New York — On June 20, 2017, former NYCAL Justice Peter Moulton issued a new case management order (New CMO) in NYCAL and an accompanying decision with respect to same. The NYCAL defendants did not consent to the New CMO. ACT’s prior post on the New CMO is available here. NYCAL defendants subsequently appealed. On …
NEW YORK — The saga of former New York Assemblyman Sheldon Silver continues as the U.S. District Court for the Southern District of New York denied Silver’s Motion to Dismiss charges against him. Among other contentions, the government’s indictment against Silver includes allegations that Silver received more than $3 million dollars in referral fees from …
CALIFORNIA — The Foxes brought this action against several defendants for Ms. Fox’s development of lung cancer and asbestosis from alleged exposure to asbestos containing products from 1954-63. The plaintiffs moved for trial preference pursuant to Code 36 as Ms. Fox was 81 and suffered from declining health. Ms. Fox had also undergone chemotherapy, which …
MISSOURI — A federal district court in Missouri held that Illinois Union Insurance Company was obligated to defend and indemnify its insured, Sunflower Redevelopment, LLC, with regard to requests from a state environmental agency to investigate the possibility of contamination by asbestos and other pollutants at a site that Sunflower was remediating. Sunflower and the …
PENNSYLVANIA — The U.S. District Court for the Middle District of Pennsylvania held that the defendants were subject to general personal jurisdiction due to the consent provision in Pennsylvania’s long-arm statute. The facts are as follows: the plaintiff, Thomas Gorton, alleged he developed mesothelioma as a result of his work at various phone companies and …
CALIFORNIA — Plaintiff Polar-Mohr Maschinenvertriebsgesellschaft (Polar-Mohr) was sued by claimants seeking damages for the alleged wrongful death of their father, a former service technician for Polar-Mohr machines who died from mesothelioma due to exposure to asbestos and/or asbestos-containing products. Polar-Mohr sought coverage from Zurich American Insurance Company as an additional insured on a policy issued …
LOUISIANA — The Legendre brothers filed suit in Louisiana State Court on behalf of their sister, Mary Jane Wilde, who died from complications related to mesothelioma. Their father, Percy Legendre, worked at a shipyard owned and operated by Huntington Ingalls, Inc. (Avondale) and was allegedly exposed to asbestos. The plaintiffs further alleged that Mary Jane …
Defendant Crane Company filed motions to strike the plaintiff’s expert reports from James A. Bruce, M.D., Barry Castleman Sc.D, and Captain Francis J. Burger as violating Federal Rules of Evidence 402 and 702 in this lung cancer case that was removed to Federal Court. The plaintiff alleged asbestos exposure through his work on two ships …
CALIFORNIA —Sandra Foglia and her children filed suit against Moore Dry Dock (MDD), alleging that the decedent, Ronald Foglia, was exposed to asbestos via his late father, Felix Foglia, and developed mesothelioma. The plaintiffs alleged that Felix was exposed to asbestos while working as an electrician at a shipyard operated by MDD. MDD moved for …
NEW YORK — Plaintiff Richard Arazosa alleged that he was injured as a result of exposure to asbestos-containing cosmetic talcum powder products. Defendant Imerys SA filed a pre-answer motion to dismiss claims against it, arguing a lack of jurisdiction given its existence as a French holding company with no assets or presence in the United …