Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Plaintiff William E. Busch, Jr. filed suit against various defendants alleging asbestos exposure between 1967 and 1976 from both his work as a steamfitter and from home renovation projects. Busch, Jr. was diagnosed with mesothelioma in March of 2016 and filed suit shortly thereafter on April 11, 2016 under Case No. 24X16000151. On February 16, …
Plaintiffs Stan and Janet Urban, of West Bloomfield, Michigan, filed a lawsuit in Madison County, Illinois in March 2013. The plaintiffs alleged Mr. Urban developed mesothelioma due to asbestos exposure from using Ammco brake grinders while employed as a high school auto technology teacher. Defendant Hennessy Industries was the last remaining defendant at trial. Ammco …
In a significant decision concerning the causation standards in asbestos matters, on February 28, 2017, the Appellate Division, First Department in a 3-1 decision, affirmed the trial court’s decision to vacate an $11 million jury verdict against an automotive manufacturer. By way of background, in Juni v. Ford Motor Company, Index Number 190315/12, plaintiff alleged …
Utica Mutual Insurance Company had issued multiple policies of insurance to Goulds Pumps. Goulds became the subject of thousands of asbestos bodily injury claims. Eventually, Utica reached a $325 million settlement with Goulds for payment under the various insurance policies on the asbestos claims. Utica then sought indemnity for portions of the settlement from its …
The plaintiff filed this appeal after the trial court dismissed the complaint for failure to state a claim. The trial court also denied the plaintiff’s motion for leave to amend on grounds of futility. Judgment was entered on behalf of Northrup Grumman. The court noted that its review of a denial of a motion for …
Plaintiffs Stephen and Marilyn Charlevoix brought this asbestos-related action against various defendants, including Fiat Allis North America, on July 10, 2015, in the Delaware Supreme Court. They alleged that Stephen Charlevoix developed mesothelioma as a result of naval and occupational exposure to asbestos between 1961 and 1978. During this time, Charlevoix worked as boiler tender, …
In November 2005, after William Saller was diagnosed with mesothelioma, the plaintiffs filed suit naming 22 defendants, including the manufacturers of various asbestos products. After Saller passed away in February 2006, his wife and daughters added a wrongful death claim and continued the lawsuit. In 2007, the plaintiffs proceeded to trial against two remaining defendants: …
A report and recommendation was made regarding four summary judgment motions filed by defendants Gardner Denver, Flowserve, Atwood & Morrill Company, and Nash Engineering. The plaintiffs did not respond to any of the motions for summary judgment. The magistrate judge recommended granting all four motions. The plaintiffs originally filed in Delaware state court, alleging that …
In this NYCAL asbestos action, plaintiff Ivette Montanez alleged that she developed malignant mesothelioma as the result of washing her brother’s laundry. Montanez’s brother, Eliud Hernandez, Jr., testified to working with Beck/Arnley brakes at a friend’s automobile ship in Puerto Rico when he was 15-17 years old. Defendant Beck Arnley Worldparts, Inc. moved for summary …
As noted in a prior ACT post, a NYCAL jury awarded plaintiff Frank Gondar $22M ($12M for past pain and suffering and $10M for future pain and suffering) in a living mesothelioma claim. Here, the jury found defendant Burnham failed to provide adequate warnings, which was a substantial contributing factor to Mr. Gondar’s disease, and …