Real-Time Court Decisions and Other Developments in Asbestos Litigation.
On July 19, 2017, Justice Ellen Gesmer of the Appellate Division, First Department generally granted various NYCAL defendants’ order to show cause seeking a temporary stay of the implementation of a new NYCAL Case Management Order (CMO), which was issued by prior NYCAL Justice Peter Moulton. The order provides for a minor exception to the …
Plaintiffs filed their Daubert challenge seeking exclusion of Georgia Pacific’s Certified Industrial Hygienist, Donald Marano. Plaintiff argued that Mr. Marano would offer qualitative and quantitative exposures of Plaintiff along with the risk and causation of Mr. Arbogast’s mesothelioma. Georgia Pacific countered with the position that Mr. Marano has “repeatedly disclaimed any expertise on causation and …
Plaintiffs filed suit against Georgia Pacific (“GP”) and Union Carbide Corporation (“UCC”) alleging Mr. Rockman’s peritoneal mesothelioma was caused by exposure to asbestos for which both Defendants were responsible. Specifically, Mr. Rockman claimed “bystander” exposure to GP’s Ready Mix joint compound that contained UCC’s Calidria chrysotile asbestos during residential renovations in 1965, 1973 and 1976. …
Plaintiffs brought this suit against multiple defendants for Mr. Glaser’s alleged asbestos related injuries. Scott Glaser alleged that he was exposed to asbestos floor tile sold by Sears and Roebuck (“Sears”) while working for various employers. His work required him to clean up “scraps or pieces of floor tile off the floor.” Defendant took the …
Plaintiff Clarence Dionne filed suit against several defendants including Cleaver Brooks alleging that he was exposed to asbestos while working at the Bay Area Medical Facility. Plaintiff alleged that he “scraped off the rope gaskets and supervised this task” on the doors of Defendant’s boilers. Not only did he personally perform this work but he …
Plaintiff brought this action against several defendants including Fairbanks Company alleging exposure to asbestos while working with Defendant’s valves. Specifically, Plaintiff recalled working with globe, gate and ball valves for various employers and locations. Plaintiff also testified that he replaced packing in the valves and personally removed external insulation to repair the valves. Plaintiff assumed …
Dorothy Charbonneau filed suit in the Superior Court of Delaware against multiple defendants alleging the defendants’ use of asbestos caused her husband, Robert Charbonneau, to contract an asbestos related disease. Mr. Charbonneau testified that he believed he was exposed to asbestos while maintaining and cleaning multiple boilers manufactured by Cleaver-Brooks throughout his employment career. Mr. …
Attention blog readers! This year, the ABA Journal is publishing their first ever “Web 100” celebrating the best of the legal industry on the web. In order to be named to the list, we’ll need your help! Since the start of our blog in October of 2015, Asbestos Case Tracker has reported on hundreds of asbestos decisions …
In this wrongful death case, plaintiff Janet Stewart appealed the grant of summary judgment to Union Carbide that her loss of consortium claim was barred by res judicata. The plaintiff also argued a miscarriage of justice in the setoff of her deceased husband’s settlement with two asbestos bankruptcy trusts against her entire economic damage award. …
The court issued various rulings on motions in limine filed by both the plaintiffs and defendant John Crane in this matter that is set for trial on July 17, 2017. The decedent died of mesothelioma. Many of the motions were unopposed. Below are summaries of the more pertinent rulings. Regarding the plaintiff’s motions, the plaintiff …