Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Plaintiffs Mason South and his wife filed suit under the Jones Act against several defendants, including Texaco, alleging his mesothelioma developed as a result of exposure to asbestos containing products for which defendants were responsible. Mr. South served as a merchant marine for 37 years. Texaco moved for summary judgment arguing that suit was precluded …
Plaintiff Delgadina Alfaro alleged the development of mesothelioma due to asbestos contained in talcum powder she used as a child. The jury found for defendants Colgate-Palmolive Company, the manufacturer of Cashmere Bouquet talcum powder, and Imerys Talc America, Inc., the successor-in-interest to talc suppliers for Colgate, including Cyprus. The plaintiff appealed, and the court affirmed. …
Defendants Hess Oil Virgin Islands Corporation and Hess Corporation filed a motion to compel plaintiff Andrew Wilson to undergo a CT scan of his chest to determine whether there was any objective evidence of lung disease. The court denied the motion to compel. Wilson alleged asbestos exposure and the development of asbestosis due to his …
CFB Liquidating Corporation emerged from the Chapter 11 bankruptcy of Chicago Fire Brick Co. (CFB), a company that manufactured products containing asbestos. Asbestos-related claims overwhelmed the company, and the Plan of Reorganization that was confirmed in the bankruptcy proceedings essentially directs the Trustee to administer the company’s remaining assets to pay asbestos-related claims. CFB’s remaining …
Plaintiffs Harold and Judy Haynes filed suit in Delaware Superior Court on June 3, 2016 alleging that Harold Haynes’ lung cancer diagnosis was caused by asbestos exposure. The plaintiffs specifically alleged that Harold Haynes was exposed to asbestos-containing products as a career auto mechanic for Volkswagen dealerships in Washington and Oregon between 1964 and 1980. …
Plaintiffs Wayne and Tina Yocum filed a renewed motion to remand which defendant CBS Corporation (Westinghouse) opposed. Wayne Yocum was diagnosed with mesothelioma and died on February 5, 2017. Without oral argument, the court granted the plaintiffs’ renewed motion to remand. Wayne Yocum served in the Navy from 1965-75. Westinghouse supplied the asbestos-containing insulation that …
Duro Dyne National Corporation, Duro Dyne Corporation, and Duro Dyne Machine Corporation have been named as defendants in hundreds of lawsuits throughout the country in which the plaintiffs seek to recover damages for injuries allegedly sustained as result of exposure to asbestos contained in products manufactured and/or distributed by Duro Dyne. One of Duro Dyne’s …
The plaintiff filed suit alleging Mr. Tallman developed mesothelioma while serving in the U.S. Navy from 1947-67. Foster Wheeler removed the case to the United States District Court. Mr. Tallman served on board the USS Caloosahatchee as a boiler tender from 1948-56. Specifically, the plaintiff contended that Mr. Tallman’s mesothelioma developed as a result of …
Defendant Georgia Pacific was granted partial summary judgment, in that all claims against the defendant “pre-1973” were barred. The plaintiff filed a motion for reconsideration arguing that the court overlooked the fact that the defendant stopped distributing asbestos joint compound in September 1973. In response to the plaintiff’s motion, the defendant argued that the court …
Ms. Bagwell filed suit against several defendants, alleging her husband developed lung cancer from asbestos related to Borg Warner clutches. The plaintiff’s brother was the sole fact witness who recalled his brother performing clutch work starting in 1965 through the 1980s approximately one time per week. The plaintiff’s expert report stated that the plaintiff was …