Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In a prior action brought by estate representative, Delores Robertson, for alleged asbestos exposure to the decedent, Thomas Robertson, Garlock Sealing Technologies LLC was found by a jury to be 25-percent liable. The remainder of the liability was split between the decedent and other settled and non-settled first and third party defendants. Judgment was entered …
In this case, the decedent Oscar Villanueva, is alleged to have been exposed to asbestos from various products while working at Glendale Auto Radio Stereo from 1969 to 1990. Defendant FCA US LLC removed the case to federal court since any judgment would have an impact on its bankruptcy estate. Defendant Dr. Ing. H.C.F. Porsche …
The plaintiff presented expert testimonial evidence at trial that her father’s exposure to asbestos from Bendix brake linings was a substantial factor in contributing to his risk of developing mesothelioma. The jury found in favor of the plaintiff; defendant Honeywell International appealed on two grounds: (1) the “every exposure” theory should have been excluded under …
In this federal court case, three appeals regarding the constitutionality of the Indiana product liability act statute of repose were consolidated for review. Several defendants moved for summary judgment based on the statute of repose in each of the cases with various results. The plaintiffs now argue that section 2 of the statute draws a …
The plaintiff filed an action in California state court against various defendants after being diagnosed with malignant mesothelioma. Defendant O’Reilly Auto Enterprises removed to federal court after it was the only remaining defendant on the basis of diversity. The plaintiff filed a motion to remand and for attorneys’ fees. The court granted the plaintiff’s motion. …
The plaintiff filed an asbestos-related lawsuit in Louisiana state court. Defendant Honeywell filed a notice of removal on the basis of diversity, without knowing that its registered agent in Louisiana was personally served one day before filing the removal. At the time of removal, no other defendant had been served. The plaintiff filed a motion …
Liberty Mutual had a duty to pay defense and indemnity costs for a variety of asbestos-related cases filed nationwide against its insured, York International Corporation, and York Corporation, the insured’s predecessor. Liberty Mutual had elected not to defend the underlying lawsuits or file a declaratory judgment action regarding coverage, and the underlying suits were settled …
Asbestos litigation has now entered the modern era. Namely, the first case involving testimony related to BAP1 mutations has gone to trial in California: the Ortwein case. The trial involved a 50-year-old woman with pleural mesothelioma, represented by the Kazan firm. The defendant at trial was CertainTeed, a building manufacturer, and the case settled shortly …
The decedent was a career aircraft mechanic at Belle Chasse Air Force Base, and died of mesothelioma. The decedent’s heirs sued nine defendants in state court for asbestos exposure; defendant Boeing Company removed to federal court. After the deadline to amend pleadings, the plaintiffs filed an unopposed motion to continue the trial date so that …
In this case, Asbestos Corporation, Ltd. (ACL) removed the action to federal court on the ground of diversity. The plaintiffs moved to remand, arguing that ACL removed the action past the one year deadline to do so. ACL responded that the missing of the deadline to remove is excused since the plaintiffs acted in bad …