Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In a Middle District of Florida lawsuit, the defendants sought to dismiss an eight-count indictment alleging violations of various work practice standards involving regulated asbestos containing material (RACM). In their motion to dismiss, the defendants argued that the government failed to allege an essential element of the offense, that essential facts of the offense were …
The plaintiff and his wife commenced this action in Louisiana state court, alleging that his mesothelioma was caused by his exposure to several asbestos-containing products, including products supplied by various Louisiana companies. At the time of commencement, diversity jurisdiction did not exist and the action was therefore not removable to federal court. Several defendants settled, …
The decedent died of mesothelioma and the plaintiff, his widow, proceeded on the claims that had been filed prior to his death; the plaintiff did not substitute herself as special administrator of his estate. Defendant Owens-Illinois filed a notice of death pursuant to federal rules, then filed a motion to dismiss pursuant to Federal Rule …
In 2006, the plaintiff successfully sued two defendants for injuries related to the plaintiff’s workplace asbestos exposure. This judgment was vacated and remanded to federal district court, where it remained pending. The plaintiff passed away in 2012; two years later, his widow filed a wrongful death claim against new defendants. The defendants moved for summary …
The court excluded the testimony of the plaintiff’s expert, Dr. Eugene Mark, on the basis of Daubert. After this order, defendant Ford filed a motion for summary judgment and a motion to dismiss, and defendant Honeywell filed a motion to reconsider the court’s summary judgment order; both were made pursuant to the court’s order excluding …
On Wednesday, December 2, 2015, Joseph J. Welter, partner and Co-Chair of Goldberg Segalla’s Toxic Torts Practice Group, will be speaking at “Litigating Asbestos Cases in Today’s Environment” presented by Perrin Conference in New York City. This is Perrin’s 5th annual conference and will feature insight from seven New York Judges, as well as the …
In a case of first impression under New Jersey’s Product Liability Act, a Middlesex County, New Jersey jury returned a defense verdict in a mesothelioma case involving a 60-year-old plaintiff who claimed exposure to cosmetic talcum powder products in the 1950s-1970s that were allegedly contaminated with trace amounts of asbestos. The jury found that Shulton, …
The plaintiff was employed by Ferro Engineering for four years, and alleged that during this time he was exposed to products containing asbestos. Forty-one years after this employment he was diagnosed with mesothelioma, and sued Ferro under several theories including negligence. Ferro filed a motion to dismiss, arguing the plaintiff’s claims were barred by the …
The plaintiff commenced this wrongful death claim alleging the decedent was exposed to asbestos while J.T. Thorpe & Sons was performing refractory work around boilers. Thorpe moved for summary judgment on the ground that there was insufficient evidence decedent was actually in the vicinity of Thorpe employees working with refractory materials. The court concluded that …
Six cases were decided in the United States District Court for the Eastern District of Pennsylvania; all started in the Northern District of Ohio, and were transferred to the MDL 875 in the Eastern District of Pennsylvania. In all six cases, the plaintiffs brought claims against various shipowners represented by Thompson Hine LLP, and all …