Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: United States Court of Appeals for the Third Circuit In 2016, plaintiff Richard Nybeck sued various product manufacturers in the Philadelphia County Court of Common Pleas, alleging he developed lung cancer after his occupational exposure to asbestos. Thereafter, the defendants removed the case to federal court pursuant to 28 U.S.C. §§ 1442(a)(1) and 1446. The plaintiff initially …
Court: United States District Court for the Eastern District of Louisiana This is an asbestos-related lawsuit claiming that Shelton Boutte contracted lung cancer from alleged exposure to asbestos during his career as a rigger at the Avondale Shipyard from 1973 to 1975. Plaintiffs bring this lawsuit against defendant, Huntington Ingalls, as successor in interest and …
Court: United States District Court for the Northern District of California In this asbestos action, plaintiff Gary Haeck sued several defendants for causes of action in strict products liability, negligence, fraud, and loss of consortium, including five entities that are California citizens. Haeck moved for an expedited trial, which the court granted for December 2022. …
The end of 2022 saw a number of changes to the asbestos bankruptcy trusts, including site list updates to half of the trusts that saw changes during this time. As the Asbestos Case Tracker previously reported, the trend of trusts decreasing their percentage payments continued in the fourth quarter of 2022, with three more trusts …
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 …