Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The plaintiff commenced this action alleging exposure to asbestos as a brake mechanic at various locations, with his last claimed exposure to Ford brakes in 1960 and Bendix brakes in 1962. In a pretrial motion in limine, defendants Ford and Honeywell sought to exclude all different types of post-exposure evidence the plaintiff sought to introduce at trial. … Continued
In this NYCAL case, the plaintiff brought a motion to consolidate nine asbestos actions for joint trial, claiming that there are common questions of law and fact. The court relied on the factors set forth in Malcolm v. National Gypsum Co., 995 F.2d 346, 350-351 (2d Cir. 1993): common worksite; similar occupation; similar time of exposure; … Continued
In this case, the plaintiff, Robin Sorenson, filed strict product liability and negligence claims on behalf of herself and the estate of the decedent who worked as an insulator from 1955 to 1997 and died of lung cancer in 2009. One of the defendants, Building Services Industrial Sales, Inc. (BSIS), a supplier of asbestos insulation to … Continued
In this federal court case that was removed from Florida state court, the plaintiff, Darryl Dugas, and his wife filed a second amended complaint alleging four causes of action regarding their claim that Mr. Dugas developed mesothelioma from his work as an aircraft structural mechanic with the U.S. Navy between 1967 and 1971. The four … Continued
The plaintiff’s decedent, Willis Whisnant, Jr., worked as a pipefitter at various plants from 1947 through 1986. He worked off and on at DuPont from 1966 through 1975, where he was allegedly exposed to airborne asbestos fibers. The decedent, who had a 40-year smoking history, was diagnosed with lung cancer in 1997. He commenced his … Continued
The plaintiff commenced this action, alleging bystander exposure to brake work done on a P&H crane brakes. The defendants moved for summary judgment on the grounds there was insufficient evidence of asbestos exposure to any P&H crane brakes. In opposition to the motion, the plaintiffs relied on the following proof as recounted by the court: … Continued
The Superior Court of Pennsylvania recently reviewed on appeal a variety of post-trial issues in two mesothelioma cases that went to trial in the Philadelphia Court of Common Pleas. Of particular interest is the court’s refusal to permit defendants to offset payments received from settling non-party tort feasors, which included bankruptcy claim payments. The basis … Continued
After the plaintiff commenced an action alleging asbestos exposure in connection with Air Force aircraft engines, the defendants removed the action to federal court under 28 U.S.C. 1442(a)(1), which permits removal “by federal officers or any persons acting under a federal officer for any act under color of such office where such person asserts a … Continued
In a decision that could change the landscape of NYCAL asbestos litigation in New York, Justice Barbara Jaffe issued a post-trial decision following an $11 million verdict against Ford, essentially precluding Drs. Steven Markowitz and Jacqueline Moline on Frye grounds because there is no established scientific connection between exposure to friction products and mesothelioma. Additionally, Justice Jaffe … Continued
In this case, the plaintiffs pursued an action claiming that the decedent, while working as an aircraft electrician for the U.S. Air Force between 1952 and 1961, was exposed to various electrical component parts. Several electrical component part defendants moved for summary judgment claiming that the plaintiffs did not meet the threshold exposure standard under California … Continued