Asbestos Case Tracker

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March 22, 2024 • Asbestos Case Tracker, Florida, Summary Judgment

District Court Denies Aviation Defendant’s Motion for Summary Judgment

Jurisdiction: United States District Court for the Southern District of Florida Decedent John McCabe died from malignant epithelioid mesothelioma in January 2023, following a career as an aircraft mechanic. His estate initiated this action, alleging strict products liability and negligence against dozens of defendants, including Curtiss-Wright. Curtis-Wright moved for summary judgment, arguing that plaintiff failed to submit …

March 22, 2024 • Asbestos Case Tracker, North Carolina, Summary Judgment

Pump Manufacturer Obtains Summary Judgment on Causation

Jurisdiction: United States District Court for the Middle District of North Carolina Marshall E. Pike worked in the farm-equipment manufacturing and maintenance field for the duration of his 55-year career. This included performing maintenance on fertilizer spreader and sprayer pumps at multiple companies. In September 2021, Pike was diagnosed with mesothelioma and commenced this action. His estate continued …

March 21, 2024 • Asbestos Case Tracker, California, Damages, Maritime/Admiralty Law

Motion to Dismiss Damages under Maritime Law Granted in Part

Jurisdiction: United States District Court for the Central District of California In this action, the plaintiffs filed suit on behalf of the decedent, William Banks, in Los Angeles County Superior Court and thereafter removed the case to federal court. The plaintiffs pursued survival and wrongful death causes of action based on Banks’ alleged exposure to …

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March 20, 2024 • Asbestos Case Tracker, Failure to State a Claim, Motion to Dismiss

Premises Defendant’s Motion to Dismiss for Failure to State a Claim Granted

Plaintiff Marvin Evans was diagnosed with lung cancer in September 2022. Subsequently, the plaintiff sued a number of defendants in the Civil District Court for Orleans Parish, alleging that his lung cancer was caused by exposure to asbestos during his employment as a boilermaker with various companies between 1969 and 1980. The case was eventually …

March 20, 2024 • Asbestos Case Tracker, Summary Judgment

Boiler Manufacturer’s Motion for Summary Judgment Denied

Supreme Court of New York, New York County (NYCAL) In this asbestos action, plaintiff Thomas Bassier alleged that he suffered injury as a result of exposure to asbestos-containing products manufactured by various companies during his time employed as an electrician. In response, one of the defendants, Burnham, LLC, filed a motion for summary judgment arguing …

March 14, 2024 • Asbestos Case Tracker, Summary Judgment

Motion for Partial Summary Judgment of Regulator Manufacturer Denied

Court: Supreme Court of the State of New York, New York County (NYCAL) Plaintiff John B. Daly, Jr. worked as a mechanic for Consolidated Edison Company from 1976 to 2012. He alleged exposure to asbestos-containing gaskets affiliated with regulators manufactured by Fisher Controls International LLC during this period. Fisher filed a motion for partial summary …

March 8, 2024 • Asbestos Case Tracker, Asbestos Litigation Analysis

New York Holds its Position as a “Judicial Hellhole” in 2024

Perhaps unsurprisingly, New York City — and New York City Asbestos Litigation or NYCAL — continues to hold its position as a judicial hellhole in 2024. However, New York City was once ranked second; it is now ranked third, so perhaps this can be considered an improvement. The 2023-2024 Judicial Hellholes report is intended to …

March 8, 2024 • Asbestos Case Tracker, Expert Evidence, Summary Judgment

Fifth Circuit Affirms District Court Decisions Excluding Appellants’ Experts Reports and Granting Summary Judgment

Court: United States Court of Appeals for the Fifth Circuit Plaintiff Harry Marsh worked as a merchant mariner from 1944 to 1992. He was diagnosed with mesothelioma in 2018 and subsequently sued the owner of every vessel he worked on over his lengthy career. Defendants included appellees Chas Kurz & Co. Inc., Chiquita Brands International Inc., Farrell …

March 6, 2024 • Asbestos Case Tracker, Joinder, New York

Plaintiff’s Motion for Joint Trial Denied

Court: Supreme Court of the State of New York, New York County (NYCAL) This asbestos matter involves a motion filed by plaintiff to consolidate two asbestos actions. In New York, “when actions involving a common question of law or fact are pending before a court, the court, upon motion . . . may order the …

February 29, 2024 • Appeal, Asbestos Case Tracker, Causation, South Carolina

Denial of Dryer Felt Manufacturer’s Motion for Judgment Notwithstanding the Verdict Affirmed

Court: Supreme Court of South Carolina In this mesothelioma matter, the Supreme Court of South Carolina granted a writ of certiorari to review decisions of the South Carolina Court of Appeals affirming (1) the trial court’s denial of Scapa Waycross Inc.’s motion for judgment notwithstanding the verdict based on the insufficiency of the evidence as …