Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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 …
United States District Court for the Eastern District of Louisiana, Jan. 13 Plaintiff Glen King alleged that his exposure to asbestos during the course of his employment with the United States Navy, Louisiana State University, and BASF Corporation caused him to develop mesothelioma. He sued various defendants including Union Carbide, alleging in his negligence claim …
Court: United States District Court for the Eastern District of Louisiana In this asbestos action, decedent Gayle LeBeau alleged take-home exposure to asbestos from her father and brother’s work at the Avondale Shipyards. After decedent filed her claim in state court, defendant Huntington Ingalls Incorporated (“Avondale”) removed the case to federal court. Plaintiffs moved to …
Supreme Court of New York, New York County Plaintiff Jane Wixted, individually and as executrix of the estate of decedent Thomas Wixted, filed the instant lawsuit claiming that the decedent was exposed to asbestos in connection with pumps manufactured by Milton Roy. Between 1964 and 1976, the decedent worked in various positions at the …
Philadelphia Court of Common Pleas, Philadelphia, Pennsylvania On Thursday, December 22, 2022, a Philadelphia jury handed down a $25 million verdict in an asbestosis case brought by the law firm of Nass Cancelliere. The award was comprised of $15 million in non-economic damages to 76-year-old plaintiff, Richard Daciw, and $10 million in loss of …
Court: Supreme Court of New York, New York County In this asbestos action, the defendant, Francesco Carboni, alleged asbestos exposure working on automobiles for Zumbach Sports Cars. The defendant, Porsche Cars North America, moved for summary judgment, arguing that the decedent was not exposed to asbestos from any PCNA products. The plaintiff Susan Carboni opposed …
Court: Supreme Court of New York, Appellate Division, Third Department In this asbestos action, the plaintiff, Albert Howard, contends that he developed mesothelioma following his service in the United States Navy from 1961 to 1978. During this time, he alleged asbestos exposure from working with pumps, including Armstrong pumps, while serving on various submarines whose …