Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In a follow up to a case previously reported on in ACT, the Georgia Supreme Court granted a writ of certiorari to review the decision of the Court of Appeals of Georgia with respect to the admission of testimony from the plaintiff’s expert, Dr. Jerrod Abraham, and his “Cumulative Exposure Theory.” This case first commenced …
New York’s highest court has imposed a duty on equipment manufacturers to warn about asbestos containing products manufactured by other manufacturers. This long-awaited decision now resolves the duty issue, but what does it mean going forward in asbestos litigation? On June 28, 2016, the New York Court of Appeals ruled in the Dummitt/Suttner cases that …
The plaintiffs’ law firm of Maune Raichle Hartley French & Mudd, LLC (Maune) subpoenaed documents from Exponent, Inc., a non-party in Maune’s asbestos litigation pending in Madison County, Illinois. At the request of Exponent, the circuit court held Exponent in friendly civil contempt for refusing to provide an unredacted version of certain documents requested in …
The plaintiff, Lynda Berry, filed an asbestos lawsuit in Louisiana against Graphic Packaging International for mesothelioma due secondary exposure from her husband’s work at the Manville Forest Products (MFP) mill from 1961-2010. The plaintiff’s petition included claims against Manville for asbestos it produced, and claims against Graphic for negligently maintaining the premises. Graphic filed an …
Goldberg Segalla’s Asbestos Case Tracker blog has been hailed as the go-to resource for real-time access to all reported asbestos decisions from federal and state courts throughout the United States. Our blog also reports on legislative updates, significant verdicts, and other critical developments in the asbestos area. We have covered developing trends regarding cutting edge topics …
According to a recent article published by the Madison County Record, Madison County, Illinois continues to top the list as the jurisdiction with the most asbestos filings nationally. Several Madison County firms (including Gori Julian & Associates, P.C., Simmons Hanly Conroy, and Maune Raichle) filed hundreds of asbestos cases in 2015 and appear on target …
In this asbestos personal injury action the plaintiffs allege that Arlene Feinberg contracted mesothelioma because of exposure to asbestos-contaminated talc from defendant Colgate-Palmolive Company’s Cashmere Bouquet. Colgate moved for summary judgment, arguing 1) the plaintiffs’ action is barred by the statute of limitations; 2) the plaintiffs failed to exclude other potential causes of Ms. Feinberg’s …
Matter of New York City Asbestos Litigation (Dummitt v A.W. Chesterton, et al.), June 28, 2016 The plaintiff, Doris Kay Dummitt, filed suit in the New York Supreme Court, alleging her husband, Ronald Dummitt, was diagnosed with and passed away from mesothelioma from asbestos exposure as a result of work as a Navy boiler technician …
In the 1970s, the plaintiff’s decedent, Dave John Konstantin, worked as a carpenter at two Manhattan construction sites where defendant Tishman Liquidating Corporation (TLC) was the general contractor. The decedent died of mesothelioma in 2012. This case was assigned with nine other cases to an in extremis trial calendar; all 10 plaintiffs were represented by …
On June 24, 2016 a NYCAL jury awarded a plaintiff, Frank Gondar, $22 million. The award was broken down $12 million for past pain and suffering and $10 million for future pain and suffering. Mr. Gondar was living and had been diagnosed with mesothelioma. He owned a part-time construction company from 1953 to 1973 and …