Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Court of Appeal of Louisiana, Fourth Circuit In this asbestos action, plaintiff William Walker alleged asbestos exposure from working as a pipefitter and welder for Level 3 Holdings Inc. f/k/a Peter Kiewit & Sons, Co. (“Level 3”) from 1967 until 1970. During this time, he worked at the Union Carbide Plant, Waterford I, and … Continued
Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit In April 2018, Emily Everett complained to her primary care physician of severe abdominal swelling. After extensive workup, Everett received a diagnosis of mesothelioma. She attributed the diagnosis to laundering her husband’s work clothes over a 20-year period when he worked as a journeyman welder and boilermaker. She filed a … Continued
Court: United States District Court for the Northern District of Ohio; April 28, 2023 This asbestos-related action was brought by plaintiff Carolyn Keiser on behalf of herself and as the executor of her husband, decedent David Keiser’s estate. The decedent was diagnosed with mesothelioma, which the plaintiff alleges was caused by his occupational exposure to … Continued
As previously reported in the Asbestos Case Tracker here, in June 2022 a jury awarded plaintiff Munir Seen $15 million, allocating 70 percent of the fault to joint compound manufacturer Kaiser Gypsum. Following the trial, Kaiser moved for three forms of post-trial relief. The court denied Kaiser’s motions in their entirety in March. Kaiser … Continued
Court: Superior Court of California, County of Los Angeles Plaintiffs Samson Bareh and Gen Bareh filed this matter, alleging Samson developed mesothelioma from exposure to asbestos. Defendant Aftermarket Auto Parts Alliance Inc. filed the within motion to quash service of summons for lack of personal jurisdiction. The plaintiff had made no specific allegations against Aftermarket, and … Continued
Court: Court of Appeals of Tennessee, At Jackson Plaintiff Annie Dowdy is a former employee of defendant BNSF Railway Company. She filed suit against BNSF under the Federal Employers’ Liability Act (“FELA”), alleging that BNSF negligently failed to provide a reasonably safe work place, and claiming that occupational exposure to diesel exhaust and asbestos caused … Continued
Court: Superior Court of Delaware, New Castle In this asbestos action, decedent Donald Jordonek used brake lathes and grinders manufactured by AMMCO while working at a tire center in Ohio from 1972 until 1999. The plaintiff sued defendant Hennessy as a predecessor-in-interest to AMMCO. Although this court is venued in Delaware, the court determined that … Continued
Court: United States District Court for the Eastern District of Louisiana In January 2019, Harry F. Marsh filed an action in Louisiana State Court alleging asbestos exposure while aboard various merchant marine vessels. He alleged Lykes owned and/or operated a number of such vessels. He further alleged Lykes’ insurer, Continental Insurance Company, was liable for the former’s … Continued
Court: U.S. District Court, Eastern District of Louisiana. Plaintiff filed an action alleging take-home exposure from asbestos fibers while living with her grandfather, who was a welder for 40 years at Avondale Shipyards. The plaintiff was diagnosed with lung cancer, which she alleged resulted from asbestos exposure from asbestos fibers brought home on her grandfather’s … Continued
Court: Supreme Court of New York, New York County In this asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment on the grounds that it is not responsible for any of the three job sites for which the plaintiff identified the company as the general contractor, and, therefore, is not liable for any injury … Continued