Real-Time Court Decisions and Other Developments in Asbestos Litigation.
It is alleged in this NYCAL case that the decedent, Russell Gonzales, was exposed to asbestos products, including insulation on valves manufactured by Crane Co., in the 1970s at various sites throughout New York City. The decedent died prior to testifying, but his co-worker, Joseph Zgombic testified that he and the decedent were responsible for insulating … Continued
In one case, the plaintiff claimed that the decedent was exposed to asbestos while working on Cummins engines in the Navy and Coast Guard. Defendant Cummins moved for summary judgment, arguing that the engines were 17 years old and were overhauled at least once. There was no proof the gasket materials were original to the … Continued
In this federal court case, the plaintiff alleged exposure to various products while working at various worksites as a machinist, pipefitter, and electrician during the 1950s, 1960s, and 1970s. Several defendants removed the case based on the federal officer removal statute 28 U.S.C. 1442(a)(1) alleging that the federal court had jurisdiction because there is a … Continued
In this federal court case, the decedent, Wayne Perkins, alleges exposure to various asbestos products while working as a merchant mariner between 1952 and 1973. Defendant Honeywell International Inc., successor-in-interest to Bendix Corporation, moved for summary judgment, arguing there is no evidence of the decedent being exposed to asbestos from a product manufactured by it … Continued
In this Illinois case, the plaintiff claimed at that he was exposed to asbestos at property owned by the defendant. At trial, the defendant sought to introduce into evidence other substantial asbestos exposure at a different unrelated facility. The defendant’s argument was that the other, more substantial exposure was the sole proximate cause of the … Continued
In this case, the plaintiffs timely disclosed the expert report of Dr. Samuel Hammar in accordance with the case scheduling order. Subsequently, Dr. Hammar was unable to provide trial testimony due to health issues and the plaintiffs sought to replace Dr. Hammar’s report with reports from either Dr. Kraus or Dr. Kradin. The defendants did … Continued
In this New Jersey case, two defendants moved for summary judgment, motions for which were not opposed by the plaintiff. Following the dismissal of the two defendants, those remaining removed the case under 28 U.S.C. 1441(a) and 1446(b)(3) based on diversity of citizenship. Under these sections, if a plaintiff voluntarily dismisses non-diverse parties — creating … Continued
In this case, the plaintiff worked as an auto mechanic and performed brake work in the 1960s and 1970s. Defendant Genuine Auto Parts moved for summary judgment, seeking to dismiss the plaintiff’s claim for willful and wanton conduct. The plaintiff opposed the motion, essentially pointing to the general state of knowledge as to the hazards … Continued
In this federal court case, the plaintiffs alleged exposure to asbestos from a variety of automotive parts while working as mechanics’ helper, maintenance laborer, inspector, construction worker, and salesman, in addition to automotive maintenance work performed on his own personal vehicles and those of his family. The defendant, brake manufacturer Genuine Parts, moved for summary judgment … Continued
In this federal court case, the plaintiffs alleged exposure to asbestos from a variety of automotive parts while working as mechanics’ helper, maintenance laborer, inspector, construction worker, and salesman, in addition to automotive maintenance work performed on his own personal vehicles and those of his family. The defendant, brake manufacturer Genuine Parts, moved for summary judgment … Continued