Real-Time Court Decisions and Other Developments in Asbestos Litigation.
How many external sources have a role in cancer causation? And to what extent can scientists and lawyers parse these factors in today’s age of molecular investigation of cancers? For purposes of analysis, this post looks at a hypothetical bladder cancer case in which there are assertions regarding smoking, asbestosis, and occupational coal tar pitch …
Plaintiff CSX Transportation asserted a claim for declaratory relief, after the defendant filed an injury claim for lung cancer, which he claimed was asbestos-related. The defendant had settled a claim against CSX for an asbestos-related injury in 2003, and under the 2003 settlement agreement, he allegedly released CSX from future claims involving asbestos and cancer. The …
In this case, the plaintiff alleged asbestos exposure from various sources, including from his time aboard Naval vessels during the Korean War. Defendant Crane removed the case to federal court pursuant to 28 U.S.C.1442(a)(1), the federal officer removal statute. The plaintiff moved to remand the case, arguing that Crane did not meet the standard to …
In this case, the plaintiff, Sandra Brezonick, alleged that the decedent, John Brezonick, was exposed to asbestos at various sites while working as a steamfitter in the Milwaukee area between 1966 and 2000. The plaintiff’s complaint alleged product liability, negligence and safe place statute claims under Wis. Stat. § 101.11 against numerous defendants. The defendants …
The plaintiff in this case, Samuel Feaster, alleged exposure to asbestos while employed at a shipyards in New Jersey and Pennsylvania. Defendant General Electric Company (GE) moved for summary judgment based on maritime law arguing that there was no evidence that the plaintiff was exposed to asbestos from a product manufactured or supplied by them. The …
In this case, the plaintiff, Joel Hernandezcueva, alleged he was exposed to asbestos while working as a janitor in the Fluor complex in the 1990s. It was alleged that defendant E.F. Brady was a subcontractor doing drywall and plastering work with asbestos-containing materials manufactured by Kaiser and Hamilton during the construction of the complex in …
In this federal case, the plaintiff brought an action against defendants BASF Catalysts LLC, Superior Materials, Inc. and Whittaker, Clark & Daniels, Inc. for the asbestos exposure and death of her husband, Pedro Rosado-Rivera. The plaintiff alleges that each defendant sold an asbestos-containing auto body repair filler that the decedent worked with at auto shops …
The plaintiff, a widow, brought claims against pump manufacturers Air & Liquid Systems, Warren Pumps, and IMO Industries (defendants) for asbestos exposure sustained by her deceased husband while serving in the Navy for 20 years, from 1956 until 1976. The decedent died of mesothelioma. The defendants moved for summary judgment, arguing that they had no …
The plaintiff’s decedent, Richard Voelker, was diagnosed with and died from mesothelioma. A personal injury action was pursued and resulted in a verdict awarding the Estate various damages, including a pain and suffering award of $250,000. The plaintiff filed a post-trial motion for additur arguing that the jury’s award for pain and suffering was inadequate …
A husband and wife sued numerous defendants after the husband was diagnosed with asbestosis in 2011. Defendant Fluor moved for summary judgment, which the court granted, on the basis that the plaintiffs failed to establish a triable issue of fact that the plaintiff was exposed to asbestos from Fluor products. The appellate court affirmed. The …