Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In asbestos litigation, it is common for plaintiffs to demand punitive damages, alleging that the conduct of some or all of the defendants was so egregious that the defendants must pay exemplary damages. Unlike compensatory damages, the purpose of punitive damages is not to compensate the plaintiff but rather to punish a defendant for reckless …
Plaintiff Edith Niedert alleged that she developed lung cancer as a result of her exposure to asbestos from laundering the clothing of her husband, Paul Niedert. From 1956 to 1993, Mr. Niedert was employed as a plumber and steamfitter, and was responsible for removing and installing Goodyear gaskets and gasket-containing materials. The plaintiff was diagnosed with …
Court: United States District Court for the Western District of Washington Plaintiff Jeffrey Cockrum alleged exposure to asbestos from his work as a laborer and laboratory technician at Alcoa Wenatchee Works, an aluminum smelting facility. The plaintiff was diagnosed with epithelioid mesothelioma in March 2022. In June 2022, he filed the instant lawsuit in King …
Plaintiff Paul M. Moutal was diagnosed with lung cancer in January 1999 and alleged that his lung cancer resulted from exposure to asbestos from his time as a handyman, laborer, and carpenter in the 1960s and 1970s. During his discovery deposition, the plaintiff identified various products that allegedly contained asbestos, including floor tiles manufactured by …
Court: United States Bankruptcy Court, District of New Jersey On December 16, 2022, LTL Management LLC, formerly known as Johnson & Johnson Consumer Inc., filed a complaint against Dr. Jacqueline Moline (expert for the plaintiffs’ bar in asbestos litigation) in the United States Bankruptcy Court, District of New Jersey. In this action, LTL generally seeks to recover …
Court: United States District Court for the Central District of California In this action, the plaintiffs alleged that the decedent, John Carpenter, contracted and died from mesothelioma due to exposure to asbestos, which occurred in part during his service in the Navy. Before the court are two motions: defendant Nibco Inc.’s motion for summary judgment …
Court: United States District Court for the Eastern District of North Carolina, Western Division Plaintiffs William Weaver and Judy Weaver filed suit, claiming that William Weaver was exposed to the defendants’ asbestos-containing products while employed as a railway yard worker from approximately 1966 to 1977. One of the defendants, Eaton Hydraulics LLC f/k/a Eaton Hydraulics …
U.S. District Court for the Central District of California In this asbestos action, decedent John Carpenter worked as a marine machinist at the Long Beach Naval Shipyard from 1973 until 1984, when he became a mechanical engineering technician. Four of his co-workers testified as to his activities while at the shipyard, as Carpenter passed before …
United States District Court for the District of Louisiana In this asbestos action, the plaintiff, Wilson Goffner Sr., alleged he developed lung cancer as a result of his work as a shipfitter at the Avondale Shipyard from 1974 to 1997. The plaintiff commenced this action by asserting a failure-to-warn cause of action. Avondale subsequently removed …
Many trusts this year have expanded their approved job site lists, allowing compensation for more individuals who claim to have an asbestos-related injury. However, as can be seen below, many trusts also have decreased their payment percentages. In fact, there has not been an increase in payment percentages during the 3rd quarter of 2022 from …