Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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 …
Court: Court of Appeals of Texas, Fourteenth District, Houston In this asbestos action, a Texas Appellate Court reversed and remanded the grant of a no-evidence summary judgment motion as to defendant Howmet Aerospace Inc., f/k/a Arconic, Inc., f/k/a Alcoa, Inc. (“Alcoa”). The surviving husband and children of decedent Carolyn Burford asserted wrongful death and survival …
Court: Supreme Court of New York, Appellate Division, First Department In this asbestos action, defendant Jenkins Bros. sought a judgment notwithstanding the verdict, a new trial, or remittitur of a verdict awarding plaintiff $13 million for past pain and suffering and $10 million for future pain and suffering. The trial court declined to vacate the …
Court: United States District Court for the Eastern District of Louisiana In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers Inc. placed Micarta from Westinghouse “as a component part of the composite wall and bulkhead panels it suppled to Avondale for use aboard ships.” Defendant Paramount …
Court: Supreme Court of New York, New York County Plaintiff-Decedent John Gonder alleged exposure to asbestos during his employment as a Con Edison inspector between the 1970s and 1990s. He died in May 2021 at 86 years old from lung cancer. Defendant Jenkins Bros. filed a motion for summary judgment on the basis that Gonder …
Jurisdiction: Supreme Court of New York, New York County Defendant Morse Diesel Inc. filed a motion for summary judgment on the basis that plaintiff Matthew D’Alessio’s claims were barred by New York State Worker’s Compensation Law. In support of its motion, Morse Diesel pointed to D’Alessio’s deposition testimony in which he claimed to be an …
Goldberg Segalla’s Asbestos Case Tracker blog is the trusted source for asbestos decisions happening in courts throughout the United States. We are pleased to provide this 2023 compendium of Asbestos Case Tracker posts to our clients and friends. Our hope is this serves as a convenient resource for you. To access our digital download click …
Several states over the past year have eliminated limitations that have been part of Wrongful Death Acts. In Maine, the Legislature enacted “An Act to Amend the Laws Governing Damages Awarded for Wrongful Death.” As a result, the cap for wrongful death, non-economic damages — loss of comfort, society, and companionship — was increased from …
Court: United States District Court for the Northern District of Illinois, Eastern Division Plaintiffs Chloyde Pelton and Shirley Pelton sued Defendant John Crane Inc. for negligence, willful and wanton conduct, and strict liability, alleging that Pelton developed mesothelioma as a result of his exposure to asbestos-containing products, including gaskets and packing, in the United States …
Court: United States District Court for the Eastern District of Louisiana Defendant Hopeman Brothers Inc. moved for partial summary judgment with respect to plaintiffs’ claims of intentional tort, alter ego, and manufacturer strict liability. In order to satisfy their intentional tort claim, plaintiffs must demonstrate that Hopeman “either consciously desired that plaintiff contract mesothelioma or …