Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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 …
The plaintiff in this case brought a wrongful death action against the Illinois Central Railroad Company pursuant to the Federal Employer’s Liability Act (FELA) for the death of her husband, Charles Jackson, Jr., who had worked on the railroad. Illinois Central’s motions for summary judgment, to strike the plaintiff’s expert, Michael J. Ellenbecker, were denied. …
In the Court of Common Pleas of Philadelphia County, a jury found in favor of the plaintiff Doris Busbey for an award of $1.7M. The case arose out of asbestos litigation against ESAB Group/Alloy Rod and Air Liquid, but Air Liquid was dismissed from the case. In the jury’s verdict, they found ESAB Group/Alley Rods …
The staff of Senator Edward J. Markey (D-Mass.) has released a new report that confirms that students, teachers, and staff are still at risk for asbestos exposure. On March 31, 2015, Senator Markey and Senator Barbara Boxer (D-Calif.) began an investigation into the management of asbestos hazards in school buildings. In doing so, they sent …
In this case, the plaintiff alleged that the decedent, William Robinson, died from pleural mesothelioma as a result of his asbestos exposure while working at Allied Chemical from 1968 to 1998. Defendant Flowserve Corporation, f/k/a The Duriron Company, which manufactured Duriron/Durco pumps and valves, was represented by Chris Massenburg and Max Swetman of Manion Gaynor …
In November, Ford’s counsel brought a motion seeking sanctions against John Crane and its attorneys and plaintiff’s counsel. Ford alleges that John Crane has continuously cooperated with plaintiffs in remaining in cases as a “straw man” to prohibit removal to federal court. Genuine Parts Company joined in with the motion, but subsequently asked to withdraw the …
The plaintiff alleges he contracted mesothelioma as a result of his exposure to asbestos-containing products while working as a cleaner at New York Shipbuilding and Drydock Company in Camden, New Jersey, and as a rigger at Sun Ship Yard in Chester, Pennsylvania. The plaintiff testified that he was exposed to asbestos-containing insulation and the only …
Canal Insurance Company was the excess and umbrella insurer of Montello, Inc., a manufacturer of oilfield drilling equipment that contained asbestos. Montello had been sued by individuals claiming injuries as a result of exposure to asbestos in connection with its equipment. In 2003, Montello’s primary insurer, The Home Insurance Company, was declared insolvent by a …
Scientific advances and molecular insights relevant to asbestos and lung cancer are exploding — especially topics related to an assessment of causation. These advances are chronicled in molecular studies related to genomics, proteomics, epigenetics, and transcriptomics. These molecular studies are transforming so-called “black-box epidemiology,” providing us with a higher degree of specificity that will ultimately allow us …