Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In this NYCAL mesothelioma case, the plaintiff worked as a plumber from 1984-1996, disassembling plumbing equipment including Cleaver Brooks cast iron sectional boilers. Cleaver Brooks initially moved for summary judgment on the grounds that a plumber such as the plaintiff was not a foreseeable user of the product, which the lower court denied. The Appellate …
In these two cases from Delaware, the defendants’ motions to dismiss based on personal jurisdiction were denied. Defendants subsequently sought certification of their interlocutory appeals pursuant to Del. Sup. Ct. 42. The court denied defendants’ applications in both cases, pointing to the “substantial issue of material importance” prong of the Rule 42 requirements. The court …
Plaintiff Josephine Fuoco, as executrix of the estate of Joseph Fuoco, alleged that Mr. Fuoco contracted mesothelioma while serving in the U.S. Navy as a machinists’ mate and as a construction worker. Defendant Warren Pumps moved for summary judgment, which the court granted. Warren did not dispute that its circulating pumps were on the USS …
In this case, the Alabama Supreme Court reversed and remanded the order granting summary judgment to defendant Vanderbilt Minerals. The Supreme Court included a large summary of facts in its opinion. The decedent, Dansby W. Sanders, died from mesothelioma; prior to his passing, he sued numerous defendants alleging he was exposed to asbestos while working …
On September 24, 2015, legislation was introduced in New Jersey that would create new Statute of Limitations for civil actions for personal injury and wrongful death caused by mesothelioma. First, the bill would amend New Jersey statute § 2A:14-2, actions for injury caused by wrongful act, appointment of guardian ad litem. It would add a …
A NYCAL jury returned a $25 million verdict in a living mesothelioma case in favor of a 64-year-old mechanic, who worked at a variety of dealerships and gas stations in Colorado and Virginia, among other places, over the years. Defendant Ammco was a manufacturer of brake grinders and was found liable on a failure to …
In this federal court case, it was alleged that the decedent, Barbara Bobo, had secondary take-home exposure to asbestos from laundering her husband’s work clothes. Her husband worked at the Browns Ferry Nuclear Plant, operated by Tennessee Valley Authority (TVA) from 1975-1997. Following denial of TVA’s motion for summary judgment, the case went to bench …
The plaintiff filed this action in Madison County, Illinois, alleging injury due to asbestos exposure. The defendants, CBS and General Electric, removed the action to federal court under federal officer removal statute 28 U.S.C. 1442. The plaintiff filed a motion to remand, which the court denied. The court cited the United States Supreme Court in …
What do you think is the single most important factor that will dictate the direction of asbestos litigation across the country, now and in the future? Intelligent minds may differ and we welcome your views. Having practiced in this area for over twenty years, for me the single most important area that will drive this litigation …
The plaintiff alleged he developed severe asbestosis as a result of inhaling asbestos while serving in the United States Navy. Three defendants — John Crane, General Electric, and Ingersoll-Rand — moved for summary judgment. In deciding the motion, the court determined whether maritime or Illinois law applied. A plaintiff’s exposure in a products liability claim …