Asbestos Case Tracker Archives

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April 9, 2015 • Case Decisions, Maritime/Admiralty Law

Lack of Evidence of Exposure to Asbestos-Containing Products Leads to Multiple Defendants Obtaining Summary Judgment Under New Jersey and Maritime Law

The plaintiff’s decedent, Harold Thomasson, had mesothelioma that was alleged to be a result of his service in the U.S. Navy between 1952 and 1954, and his work as a maintenance man/pipefitter for various employers between 1954 and 1985. The decedent died prior to testifying and 19 defendants moved for summary judgment, arguing that there … Continued

April 9, 2015 • Legislative Updates

New Arizona Law Adds Significant Hurdles for Victims of Asbestos Exposure

On April 9, 2015, Governor Doug Ducey signed a bill into Arizona state law that places new requirements on victims of asbestos exposure. Pursuant to the new law, asbestos victims must submit a sworn statement that identifies each personal injury claim that the victim has filed and each claim that the victim reasonably anticipates filing … Continued

March 30, 2015 • Case Decisions, Expert Challenges, Georgia, Punitive Damages

Under Georgia Law, Appellate Court Rejects Defendant’s Daubert Challenge to Dr. Abraham and Allows Punitive Damage Claim

In this case, the plaintiff and his wife, Roy and Milva Knight, sued Scapa Dryer Fabrics, Inc., alleging that Roy’s mesothelioma was caused from exposure to asbestos while he was working as an independent sheet metal contractor at Scapa’s facility. It was alleged that Scapa used asbestos fibers in its manufacturing process and there was … Continued

March 27, 2015 • Case Decisions, Motions in Limine

Appeals Court Rules on Several Evidentiary Issues in Talc-Asbestos Exposure Case, Ultimately Upholding $1.6 Million Verdict

In this case, the Plaintiff, Steven Kaenzig, and his wife sued multiple defendants, including talc supplier Whittaker, Clark & Daniels, Inc., for his contracting mesothelioma as a result of his exposure to the talc on his father’s work clothes. The defendant was the primary supplier of talc where plaintiff’s father worked. The case was tried … Continued

March 24, 2015 • Case Decisions, Federal Officer Jurisdiction, Maryland

Federal Court Refuses to Remand State Law Asbestos Case Where Discovery Was Completed and Dispositive Motions Decided

In this case, the plaintiff commenced an action in Maryland state court and alleged the decedent’s exposure to asbestos while working at a Coast Guard yard, as a floor tile salesman, and in connection with residential work. The case was originally removed to federal court under federal question jurisdiction, based on the claimed exposure at … Continued

March 19, 2015 • Case Decisions, Pennsylvania, Statute of Limitations

Statute of Limitation in Wrongful Death Action Held to Have Commenced at Time of Decedent’s Diagnosis

The administratrix of the decedent’s estate appealed the lower court’s time-barred dismissal of the wrongful death action she commenced on behalf of the decedent, who was diagnosed with mesothelioma on June 17, 2011 and died on July 9, 2012. The action was commenced on January 9, 2014, which was more than two years after the … Continued

March 17, 2015 • Case Decisions, FELA, Illinois

FELA Asbestos Verdict Upheld on Appeal, Rejecting Defendant’s Challenge to Lack of Evidence of Negligence and Charge on Preexisting Injury

The plaintiff brought this action claiming that the decedent’s work as a laborer and machinist for Illinois Central and its predecessor caused him to be exposed to asbestos and to develop lung cancer. After the jury awarded $2.6 million, with a 45 percent reduction for smoking, the defendant, Illinois Central, appealed, arguing it was not … Continued

March 17, 2015 • Case Decisions, Missouri

Appellate Court Reverses and Certifies an Asbestos Class Action for Medical Monitoring Costs

In 1983-84, it was alleged that during a retrofit project of the Jackson County courthouse, the contractors did not turn off the ventilation system, which allegedly caused asbestos to be circulated throughout the courthouse. “Dust containing asbestos fibers was blown and tracked throughout the Courthouse resulting in layers of dust accumulated throughout the Courthouse and … Continued

March 12, 2015 • Case Decisions, New York

Post-Trial Dismissal of Plaintiff’s Claims Adhered to Upon Motion for Rehearing and Reargument

In this NYCAL case, a New York City jury found that Con Edison, as the premises owner, was 30 percent responsible for the plaintiff’s asbestos-related injuries under New York’s Labor Law § 200(1). On a post-trial motion, the trial court ruled that “absent legally sufficient evidence demonstrating, as a matter of law, that Con Edison … Continued

March 6, 2015 • Case Decisions, Illinois, Missouri, Pleadings Challenge

Challenges to Sufficiency of Asbestos Plaintiffs’ Pleadings Continue in Illinois and Missouri Federal Courts

In two decisions issued Thursday out of the Eastern District of Missouri and the Southern District of Illinois, the courts reached different conclusions as to whether the respective plaintiffs sufficiently pleaded causes of action against the defendants under Federal Rule of Civil Procedure 12(b)(6). In Campbell v. ABB Inc., the defendant Raypack moved to dismiss the … Continued