Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Plaintiffs Jeffrey Lannes and Kristi Johnson appealed the district court’s grant of summary judgment to Flowserve, Jerguson Gage & Valve, and Warren Pumps. The Ninth Circuit affirmed the summary judgment. Decedent Vernon Lannes was allegedly exposed to asbestos gaskets, packing, and insulation while serving in the Navy. The court noted that “…the defendants shifted the …
York Int’l Corp. v. Liberty Mut. Ins. Co., No. 1:10-CV-0692 (M.D. Pa. Oct. 13, 2015) This decision involves a dispute over whether Pennsylvania or New York law would apply to an insurer’s duty to defend and indemnify an insured for asbestos-related claims. Due to the passage of more than 50 years between the period covered …
Plaintiff Janice Herr alleged that Richard Herr died of mesothelioma due to his use of Airco-distributed, asbestos-containing gloves/mittens. Herr was a sculptor and art instructor who used insulated mittens to handle heated molds. He also used raw asbestos to make molds for his sculptures. Airco never manufactured insulated gloves or mittens, but distributed welding gloves …
Much has been made about the injustice of plaintiffs being able to game the system by potentially seeking excess recovery through a combination of claims asserted against bankruptcy trusts and in civil litigation. This has led to bankruptcy transparency legislation at the state and federal level, because defendants in asbestos litigation were being denied a full …
The plaintiffs alleged that Glenn Hassebrock was exposed to asbestos while working as a union pipefitter at various shipyards. The defendant shipbuilding company moved for partial summary judgment, seeking dismissal of the products liability claims on the grounds that the company acted predominantly as a service provider, rather than a distributor of asbestos-containing products. The court …
In this federal court case, it was alleged that the plaintiff, Gregory Cannard, was exposed to asbestos insulation while serving in the Navy from 1965 to 1967, and while working for Lomac Motors from 1975 to 1978, where he allegedly ground asbestos head gaskets from Ford Motor Co. (Ford). At the time of trial, Ford …
An Erie County, New York court has issued a decision on damages in a default action where damages and liability were uncontested following a two-day bench trial in an asbestos case involving Joseph Muir, a 58-year-old man living with mesothelioma. Defendant Hedman Resources, Ltd. was the only remaining defendant. Hedman had been served with the …
In this NYCAL case, it was alleged that the plaintiff, Mark Ricci, was exposed secondhand to asbestos from his father’s air conditioning and ventilation work. Aldo Ricci (Aldo), Mark Ricci’s father, testified that he was exposed to asbestos from working near others working on Crane Co. valves. Crane moved for summary judgment, arguing that the …
The plaintiffs brought a motion to consolidate separate actions into three separate groups for joint trial. The court noted that as to the three groups, all of the plaintiffs are represented by the same law firm, are in the same phase of discovery, and the plaintiffs allege the same type of cancer. The court granted …
In this New York case out of Nassau County, the plaintiff alleged asbestos exposure to various products while working as a truck mechanic from the late 1950s to the mid 1990s. The plaintiff testified at his deposition that he removed and installed Eaton clutches on trucks from 1961 to 1970. Eaton moved for summary judgment …