Real-Time Court Decisions and Other Developments in Asbestos Litigation.
James Phillips was diagnosed with mesothelioma in March of 2012 and died in February of 2013. In May of 2012, Phillips and his wife, Charity Phillips, filed a complaint seeking damages for personal injuries caused by asbestos in the Superior Court of Fresno County, California. In May 2013, after Phillips’s death, Charity, individually and as …
The decedent’s estate filed a claim alleging asbestos exposure caused decedent to develop mesothelioma. The trial court directed a verdict in favor of Welco Manufacturing Company because no witnesses could specify how often the decedent used Welco’s products. The plaintiffs appealed, and the appellate court reversed and remanded for a new trial. The decedent’s cousin, …
Mr. Genusa developed mesothelioma as a result of his work as a longshoreman, truck loader, and warehouse worker from 1963-1999. Mr. Genusa passed away and a claim was paid by Baton Rouge Marine Contractors (BRMC) and Signal Mutual Indemnity under the Longshore and Harbor Worker’s Compensation Act. The plaintiffs instituted this action against 13 defendants …
An ongoing issue in asbestos litigation is whether plaintiffs have received monies from bankruptcy trusts. The plaintiff’s bar has traditionally fought discovery of this information, but recently South Dakota became the first state to enact legislation regarding this issue. Senate Bill No. 138 recommends amending the code to order plaintiffs to identify any asbestos trust …
In this case alleging asbestos exposure from talc, mesothelioma plaintiff filed a motion to remand back to Florida state court after defendant Johnson & Johnson removed to federal court based upon diversity jurisdiction. The defendant argued that the plaintiff fraudulently joined defendant Publix Super Markets, Inc. (Publix) to destroy diversity. The court determined Publix was …
Plaintiffs Richard Zanowick and Joan Clark-Zanowick filed suit in state court in July 2014. The defendants timely removed the case to federal court on diversity grounds a month later. With the case now in federal court, Richard Zanowick passed away on October 12, 2014. The plaintiffs filed and electronically served a notice of his death …
Since 1993, the Pennsylvania Supreme Court’s decision in the J.H. France case has dictated that the continuous trigger rule be applied to determine what insurance policies are triggered for asbestos injury claims. Under J.H. France, coverage is provided by policies in effect from the time the claimant was first exposed to asbestos until injury manifests …
The decedent, a civilian employee for the United States Navy from 1958-1964, died from mesothelioma. Prior to passing he brought suit in St. Louis City, Missouri, in December 2015, which the defendants removed to federal court. His representatives continued the suit after he passed. Defendant Crane Co. filed a motion to dismiss based upon collateral …
The plaintiff alleged the decedent, who died of mesothelioma, was exposed to asbestos while serving as an engineman, machinery repairman, and machinist mate in the U.S. Navy during the 1960s. Although the majority of the decedent’s exposure occurred on four ships, to which maritime law applied, the plaintiff also alleged exposure during the six months …
The plaintiffs brought this action against several defendants for their decedent’s alleged development of mesothelioma while working aboard ships as an engine man, machinery repairman, and machinist mate. The defendants moved for summary judgment again after the court announced it would not adopt the Sixth Circuit’s version of the bare metal defense. The court concluded …