Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Supreme Court of New York, New York County In this asbestos-related lawsuit, defendant, Perkins Engines, filed a motion for summary judgment arguing that plaintiff could not have used its brakes, clutches, or gasoline engine gaskets. In support of its motion, defendant proffered the affidavit of Kevin Klein, a technical coordinator in Litigation Technical Support …
Court: Court of Appeal of Louisiana, Fourth Circuit In this fact-specific case, the plaintiff alleged the decedent Joyce Allen was exposed to asbestos through her husband, Odell Allen, who worked as a longshoreman and freight handler for various employers on the New Orleans riverfront from the 1960s to the 1980s. Defendant Ports America filed a …
Court: Superior Court of New Jersey, Appellate Division Decedent Joseph Murray worked for the defendant Consolidated Rail Corporation (Conrail) from 1976 to 2011 as a brakeman/conductor. His wife filed a wrongful death and survival action citing the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60, and the Locomotive Inspection Act, 49 U.S.C. §§ 20701-20703. …
Court: United States District Court for the District of Kansas In this action, plaintiff Dennis Dickenson filed suit after being diagnosed with mesothelioma and subsequently settled with two companies. Defendant Henkel moved to compel any, and all, settlement agreements and communications relating to those settlements. The plaintiff opposed the motion, arguing he should not be …
Superior Court of Pennsylvania This case involved a deceased mesothelioma claimant, Thomas Korol, who alleged that he was exposed to asbestos while serving as a fireman and fireman’s apprentice aboard the U.S.S. Dahlgren from 1961 to 1963. Mr. Korol died prior to being deposed and, as such, the plaintiffs had to rely on three fact …
Court of Appeal of Louisiana, Fourth Circuit In this asbestos action, David Stauder Jr. (decedent) developed mesothelioma after working as a pipefitter for two decades. His daughters, Jill and Shelley Stauder (appellees) brought a survival action and wrongful death action against several defendants. Following a trial in December 2021 where Union Carbide Corporation (UCC) was …
On January 30, the U.S. Court of Appeals for the Third Circuit dismissed the talc bankruptcy filing of Johnson & Johnson’s subsidiary, LTL Management, LLC. After hearing arguments in September, the Third Circuit ultimately reversed the decision from New Jersey Bankruptcy Court and held that LTL was not in the financial distress required because of …
Supreme Court of New York, County of Erie Plaintiff Craig Screiner, represented by Belluck and Fox, alleged exposure to asbestos from his time working at Durez Plastics in North Tonawanda, New York during summer 1974, and that this exposure caused his mesothelioma diagnosis. At the time of trial, Hedman Cationic Fibre (Hedman) was the last …
Court: Supreme Court of New York, Appellate Division, First Department Plaintiff Ralph Vavala alleged his lung cancer diagnosis arose from alleged exposure to asbestos from a variety of products, including valves manufactured by the defendant, Jenkins Bros., during his employment as a steamfitter and welder from the 1960s through the 1980s. Upon commencement of the …
Jurisdiction: NYCAL A Manhattan jury handed down a $23 million verdict Dec. 21 in a living mesothelioma case brought by the law firm of Weitz & Luxenberg. The jury awarded compensatory damages to 81-year-old plaintiff James McWilliams, designating $13 million for past pain and suffering and $10 million for future pain and suffering. Mr. McWilliams …