Real-Time Court Decisions and Other Developments in Asbestos Litigation.
On October 7, 2015, the High Court of Australia dismissed the appeal of a negligent employer and held that where the contraction of mesothelioma was an inevitable result of asbestos exposure, the cause of action accrues shortly after the initial exposure as opposed to when the symptoms manifest. This ruling came from a case in which …
Good news has come out of Boston for veterans suffering from mesothelioma. Thoracic surgeon Dr. Abraham Lebenthal recently performed the first intraoperative heated chemotherapy procedure for a VA patient with malignant pleural mesothelioma, a procedure that should aid in this hard-fought battle against this cancer. As Lebenthal said in an interview, “[f]or some veterans, it …
LGS Technologies, LP v. U.S. Fire Ins. Co., No. 2:07-CV-399, 2015 U.S. Dist. LEXIS 139085 (E.D. Tex. Aug 14, 2015) On October 12, 2015, the district court from the Eastern District of Texas filed an order, accepting the report and recommendation of the Special Master in connection with an asbestos insurance coverage dispute between a …
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 …