Real-Time Court Decisions and Other Developments in Asbestos Litigation.
On April 22, 2016, a district court jury in Arizona found full damages for the wrongful death of George Coulbourn. Mr. Coulbourn was a retired civilian employee of the U.S. Navy who was allegedly exposed to asbestos, developing mesothelioma, while working as a shipyard machinist in the Norfolk Naval Shipyard in Virginia from 1959–66. His …
The decedent in this case died of mesothelioma and his representatives filed an action in state court. Defendant Foster Wheeler removed this case to federal court under the officer removal statute. The plaintiff moved to remand, which the court granted. The plaintiffs alleged exposure during the decedent’s work at Bethlehem Steel Sparrows Point Shipyard, while …
The plaintiff alleged strict product liability, negligence, and loss of consortium against various defendants after her husband developed and died from mesothelioma. Defendant Warren Pumps was granted summary judgment, and plaintiff appealed. The court reversed and remanded. During his 20-year naval career, the decedent served on two aircraft carriers — the USS Boxer and the …
The plaintiff filed an action against multiple defendants for his alleged mesothelioma as a result of his occupational exposure to asbestos. The case was removed to federal court. Discovery took place over the course of eleven months. The plaintiff passed away and The defendant’s motion to dismiss was granted as the estate and family did …
It appears that 2016 may be the year that genomics and other aspects of molecular science make a big splash in “mass tort” litigation. While genomic analysis has long been used in forensics, it has also made its way into toxic tort cases, such as benzene exposure cases, and asbestos and mesothelioma cases. Indeed, the …
The plaintiff filed a lawsuit in state court alleging that from 1968 to 1980, he was a salesman for Kaiser Refractories whose clientele was primarily large industrial facilities to which a quarter of what he sold was asbestos-containing insulation, including refractory material, or material used to insulate the interior metal surfaces of industrial boilers and …
In this federal court case, the plaintiff, James McCourt, alleged exposure to asbestos from serving in the Navy (1962-66), working as a pipefitter (1961-62 and 1966-68), home renovations (1952-60), automotive repair work (1959-98), and from the clothing of his father from products manufactured by various defendants. Six defendnats, Guard-Line, Inc., CertainTeed Corporation, Union Carbide Corporation, …
On April 4, 2016, Exxon Mobil Corporation brought suit against Lockheed Martin Corporation, seeking a declaration that the 1963 asset purchase agreement between Martin-Marietta, Lockheed’s predecessor, and Mobil Finishes does not give rise to an obligation to pay or reimburse costs that Lockheed Martin allegedly incurred or may incur with regards to alleging asbestos bodily …
In an effort to halt asbestos fraud, Utah Governor Gary Herbert signed into law a bill to prevent plaintiffs’ lawyers from, on behalf of a single client, seeking money from multiple asbestos trusts while additionally bringing a lawsuit. As stated by Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, this law “will …
This action was originally commenced by the plaintiff in the Southern District of New York and alleged that the decedent, Pedro Rosado-Rivera, was exposed to asbestos-containing auto-body filler while working in auto shops in New York (1959-1968), Puerto Rico (1968-1992) and then thereafter in Florida. The defendant BASF Catalysts LLC’s, joined by other defendants Superior …