Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Plaintiffs Patrick and Joy Demartino brought suit against various defendants after Patrick Demartino developed mesothelioma. Defendant Aurora Pump Company moved for summary judgment, arguing that it did not use or sell external asbestos-containing gaskets. The court denied this motion. It was undisputed that during the plaintiff’s time of alleged exposure to Aurora pumps while working …
Decedent John Pisano executed three affidavits regarding Sears products after he was diagnosed with mesothelioma; he died three months after his diagnosis and was never deposed. The affidavits detailed the decedent’s use of floor tile, ceiling tile, and mastic purchased from Sears. Defendant Sears, Roebuck and Co. moved for summary judgment on various bases. The …
Various plaintiffs (Baclaan plaintiffs) filed a motion to remand and/or abstain and a motion for leave to name a new party defendant. Other groups of plaintiffs (Toro plaintiffs and Hopkins plaintiffs) filed similar motions in their respective cases. Defendant Arter & Hadden LLP (A&H) filed a joint memorandum in opposition to all three motions, to …
On November 2, 2016, a NYCAL jury awarded a total of $12.5 million in damages to the estate of an auto mechanic, a lifelong smoker who was allegedly exposed to asbestos from almost 10 years of repair work on forklifts in the New York City area. The jury ultimately assigned 55 percent on the defendant …
The plaintiffs brought this action in state court against numerous defendants including Foster Wheeler LLC and Foster Wheeler Energy Corporation alleging Mr. Ripley developed mesothelioma while working as a boilermaker at Norfolk Naval Shipyard in Virginia from 1969-72 and again from 1974 until the late 1970s. Foster Wheeler removed the case based on the federal …
Plaintiff Marvin Smith alleged asbestos exposure while serving as a fireman in the U.S. Navy from 1951-54, and while working as a fireman and warehouseman at various shipyards and warehouses. The plaintiff and his wife sued various defendants in state court after he was diagnosed with pleural mesothelioma. Defendant Crane Co. removed this mesothelioma case …
The plaintiffs brought this action against multiple defendants including Foster Wheeler and Crane Co. for injuries allegedly sustained while Mr. Osterhaut served in the U.S. Navy onboard the USS Roan. Summary judgment was denied as to both Foster Wheeler and Crane. Crane filed the instant Motion for Reconsideration. The court noted that reconsideration is appropriate …
The plaintiff brought this suit against numerous defendants including Ford Motor Company. She alleged that the decedent developed and passed from mesothelioma as a result of exposure to dust from products manufactured, sold, and distributed while Mr. Bristol worked as a mechanic at a Ford dealership from 1972-1989. Ford removed the case a day after …
Carol J. Zellner, on behalf of the estate of Clifford R. Zellner, appealed the U.S. District Court for the Eastern District of Pennsylvania’s order granting summary judgment in favor of CBS Corporation to the U.S. Court of Appeals for the Third Circuit, arguing that the district court erred in finding that she failed to establish …
On October 24, 2016, a Los Angeles County jury awarded a total of $7 million in damages to Peter J. Lamonica and his wife, Exine Lamonica, in a case where multiple defendants were found liable as the cause to Lamonica’s mesothelioma. The verdict sheet demonstrates the jury found the defendant’s negligence was a substantial factor …