Asbestos Case Tracker

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June 14, 2022 • Asbestos Case Tracker, Louisiana, Summary Judgment

Court Dismisses Plaintiffs’ International Tort Claim Against Outside Contractor; Finds Issues of Fact For Jury on Outside Contractor’s Alter Ego Liability

United States District Court for the Eastern District of Louisiana, June 8, 2022 In April 2022, Hopeman filed the instant motion for partial summary judgment arguing that the plaintiffs’ intentional tort claim must be dismissed because they cannot provide evidentiary support that it consciously desired to afflict the decedent with primary lung cancer or knew …

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May 31, 2022 • Asbestos Case Tracker, Pennsylvania, Summary Judgment

Multiple Defendants Obtain Summary Judgment on Claims of Take-Home Plaintiff

U.S. District Court for the Western District of Pennsylvania, May 27, 2022 In this matter, the plaintiffs allege that decedent Shirley Hilster was exposed to asbestos from contact with her husband’s work clothes and person from laundering his work clothes and spending time in his vehicle. Defendant Eckel Industries, Inc. filed motions for summary judgment …

May 20, 2022 • Asbestos Case Tracker, Maritime/Admiralty Law, Summary Judgment

Summary Judgment Granted Dismissing Plaintiff’s State Claims Against Employer Under LHWCA

United States District Court for the Eastern District of Louisiana, May 19, 2022 In this asbestos action, plaintiff Callen Cortez brought state tort claims against Continental Insurance Company, sued in its capacity as the insurer of Halter Marine Services, Inc. The plaintiff worked at Halter Marine from 1974 until 1975, and was subsequently diagnosed with …

May 13, 2022 • Asbestos Case Tracker, Maritime/Admiralty Law, New York, Summary Judgment

Motions for Summary Judgment in Jones Act Matter Denied on Statute of Limitations and Causation Grounds

United States District Court for the Southern District of New York, May 9, 2022 In this asbestos action, decedent Carlo Badamo served on several vessels during his time as a merchant marine from 1944 to 1955. Thereafter, he alleged that he developed asbestos-related cancer and brought a claim under the Jones Act. Three defendants: Farrell …

April 21, 2022 • Asbestos Case Tracker, Louisiana, Summary Judgment

Plaintiff’s Motion for Summary Judgment on General Causation Granted as Against Various Defendants

United States District Court for the Eastern District of Louisiana, April 18, 2022 In this case, the plaintiff moved for summary judgment as to general causation of his mesothelioma diagnosis. Eight defendants filed five oppositions to the plaintiff’s motion; however, they largely did not challenge the plaintiff’s mesothelioma diagnosis or asbestos as its cause. Rather, …

April 18, 2022 • Appeal, Asbestos Case Tracker, Summary Judgment

Prior Release Bars Plaintiff’s Claims Against Railroad Defendant

U.S. Court of Appeals for the Fifth Circuit Plaintiff Leopoldo Mendoza-Gomez worked for 20 years as a laborer for the defendant, Union Pacific Railroad Company. He alleges that, while working for Union, he was exposed to various toxic substances including asbestos, and that he was diagnosed with cancer and asbestosis in 2019. In response to his …

April 11, 2022 • Asbestos Case Tracker, Pennsylvania, Summary Judgment

Court Grants Summary Judgment to Turbine Defendants Finding Manufactures Entitled to Bare-Metal Defense

United States District Court for the Eastern District of Pennsylvania, April 1, 2022 The decedent’s widow brought this suit on behalf of the decedent alleging that the decedent’s occupational exposure to asbestos during his time in the Navy is attributable to turbines manufactured by the Westinghosue Corporation. The plaintiff also brought suit against the defendant …

April 7, 2022 • Asbestos Case Tracker, New York, Summary Judgment

Denial of Floor Tile Manufacturer’s Motion for Summary Judgment

Supreme Court of New York, New York County, March 29, 2022 From 1964 to the early 1970s, the plaintiff worked as a carpenter with his brother-in-law and the Carpenter’s Union, Local 257. From 1969 to his retirement in 2007, he worked as a carpenter at commercial and residential locations throughout New York. The plaintiff was …

April 5, 2022 • Asbestos Case Tracker, Summary Judgment

Employer Defendant Successful on Summary Judgment, Except for Claims of Take-Home Exposure

The plaintiff, Callen Cortez, was diagnosed with mesothelioma on June 2, 2020. On July 1, 2020, he filed an asbestos-related lawsuit against Avondale and approximately thirty-four other defendants, alleging that he contracted mesothelioma as a result of exposure to asbestos during his employment with various companies, including Avondale, as well as take-home exposure resulting from …

March 30, 2022 • Asbestos Case Tracker, Expert Challenges, New York, Summary Judgment

Electrical Equipment Manufacturer’s Motions to Preclude Expert Testimony and for Summary Judgment Denied

U.S. District Court for the Southern District of New York, March 28, 2022 In this asbestos action, plaintiff Arnold Pritt alleged that he was exposed to asbestos during his service in the U.S. Navy, and over the course of his career as a civilian electrician. Mr. Pritt was diagnosed with mesothelioma in September 2019. On …