Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The Federal Aviation Administration (FAA) is responsible for licensing the companies that charter private space transportation. To issue a license for commercial space travel, the FAA is required under the National Environmental Policy Act to assess how their licensees’ activities may impact the environment. FAA policy requires before issuing a license for space travel that … Continued
U.S. District Court for the Eastern District of Pennsylvania Plaintiff Leona Rhoades, on behalf of the estate of her husband, Dewey T. Rhoades, commenced this action against a variety of defendants, alleging that their products contained asbestos that contributed to her husband’s lung cancer and eventual passing. Mr. Rhoades had been employed as a mechanical … Continued
The U.S. Supreme Court on June 6 unanimously held in Truck Insurance Exchange v. Kaiser Gypsum Company Inc. that insurers with financial responsibility for bankruptcy claims are a “party in interest” that may object to a reorganization plan under Chapter 11 of the Bankruptcy Code. In 2016, building material manufacturer Kaiser Gypsum Co. and its parent … Continued
The California Air Resources Board has requested that the U.S. Environmental Protection Agency grant California an authorization pursuant to § 209(e)(2) of the Clean Air Act to, among other things, prohibit locomotives that are 23 years of age or older from operating in California starting in 2030, a rule many in the U.S. House Committee … Continued
California Superior Court, Alameda County Decedent Gene Hankes Sr. passed away of mesothelioma at 85 years old. His estate brought this action against various brake manufacturers and auto-parts suppliers. At the time of trial, the only remaining defendant was O’Reilly Auto Enterprises LLC, an auto parts supplier. Each side presented their case, with experts. A … Continued
Fourth Judicial District Circuit Court for Mulnomah County, Oregon (Portland) In this matter, plaintiff Kyung Lee claimed that she developed mesothelioma from her use of Johnson & Johnson baby powder, which she alleges was contaminated with asbestos. After a multi-week trial, the jury determined that Johnson & Johnson was responsible for the plaintiff’s mesothelioma and … Continued
U.S. District Court for the Eastern District of Louisiana Plaintiff Wilson Goffner, Sr. was diagnosed with malignant lung cancer in March 2020following his employment at the Avondale shipyard in the late 1960s and 1970s. In February 2021, the plaintiff filed a petition for damages in the Civil District Court for the Parish of New Orleans, … Continued
Recently, there’s been much discussion about the potential benefits that artificial intelligence can bring to climate change regulation. For example, advanced technology, such as satellite data, is being used to identify large emission events — (see ELM’s recent methane rule finalization coverage here and ELM’s previous AI coverage here). AI also is being used to … Continued
U.S. District Court for the Northern District of California Plaintiffs James and Lucretia Sarjeant brought suit in California state court following Mr. Sarjeant’s diagnosis of malignant mesothelioma. He alleged exposure from asbestos-containing products through his employment at the Todd Shipyards, on the RMS Queen Mary, automotive work, and home renovation projectsfrom the 1960s to 1990s. … Continued
Court: United States District Court for the District of Massachusetts Decedent Arnold L. Pritt was diagnosed with singular mesothelioma, epithelioid type in September 2019. He alleged he was exposed to asbestos during his service in the U.S. Navy and as a civilian electrician. During his service, Pritt served aboard the USS Purdy as a machinist mate from … Continued