Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In this federal court case, defendant John Crane Inc. moved for summary judgment. The plaintiffs did not oppose the motion, and the court stated that it “may consider the forecast of evidence presented by the movant to be undisputed for the purposes of the present motion. See Fed. R. Civ. P. 56(e)(2).” In granting Crane … Continued
In this federal case, the plaintiff, Charles Krik, sued Owens-Illinois and ExxonMobil and claimed they negligently exposed him to asbestos, causing his lung cancer. The case went to trial and a verdict was returned in favor of the defendants as the jury found that the plaintiff’s smoking was the sole cause of his lung cancer. The … Continued
In this federal court case, the decedent, Thomas Maguire alleged exposure to asbestos while he served as a metalsmith in the Navy between 1958 and 1961, and then again while working as a steamfitter aboard Navy ships between 1962 and 1963. The defendant, Crane Co. removed the case to federal court based on the federal … Continued
In this NYCAL action, the plaintiff, Michael Koulermos claimed he developed mesothelioma from working near employees of Treadwell Corp. while he was employed at the Northport Power Station. The plaintiff subsequently agreed to a no-opposition summary judgment motion on behalf of Treadwell. However, the co-defendant, National Grid, opposed the motion’s requested dismissal of any cross-claims. … Continued
In this federal court motion, Dr. Arthur Frank moved to quash the subpoena served on him by Honeywell International Inc. as a defendant in a pending Eastern District of North Carolina asbestos case, Yates v. Ford Motor Co., et al. Honeywell subpoenaed Dr. Frank, a prolific plaintiff’s expert in asbestos cases and a non-party to the … Continued
In this mesothelioma case, the decedent worked for a vessel repair company and performed repair work on a vessel involving pipe insulation possibly containing asbestos. His estate sued the vessel owner under “both the Longshore & Harbor Workers’ Compensation Act, 33 United States Code section 905(b) (the Act, or section 905(b)) and state law.” The … Continued
In this case, the plaintiffs claimed that the decedent was exposed to asbestos in connection with force draft blowers manufactured by Carrier Corporation and another defendant while in the Navy on board the USS Edson. The plaintiffs moved to remand after Carrier removed the case based on federal officer jurisdiction under 28 U.S.C. 1442(a)(1). In … Continued
In this Maryland case, the plaintiff’s decedent was exposed to asbestos while aboard various Naval vessels. He claimed to have walked by outside contractors installing bulkhead Marinite panels and insulation while heading to and from the engine rooms. Defendant Hopeman moved for summary judgment based on product identification grounds. Applying Maryland law, the court denied … Continued
In this case, the plaintiff filed the lawsuit in United States District Court for the Middle District of Tennessee, Nashville Division, based on his residence. Seven of the defendants moved to dismiss for lack of personal jurisdiction, which caused the plaintiff to move for a transfer of venue to Louisiana. The court found that Louisiana had … Continued
In this federal case, the decedent, Sally Gros Vedros alleges exposure to asbestos from laundering her father’s work clothes during the time he worked as a welder at the Avondale shipyard, from 1943-1976, and while she worked in the Avondale purchasing department, from 1960-1963. The defendants moved to exclude the plaintiff’s expert’s causation opinions at … Continued