Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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 …
Supreme Court of New York, Appellate Division, First Department In this asbestos action, Defendant Burnham (“Burnham”) moved to vacate the NYCAL Special Master’s ruling directing Burnham to appear for a deposition with regard to punitive damages. The trial court denied Burnham’s motion. Burnham subsequently appealed the trial court’s decision. The Appellate Division affirmed the trial …
Supreme Court of New York, Appellate Division, First Department Plaintiffs Victor Arana and Romeo Maffei, both allege asbestos exposure from working with asbestos cement pipe previously distributed by the defendant, J-M Manufacturing Company. In these actions, the plaintiffs sought punitive damages against JMM as the company did not place a warning on all of the …
Superior Court of California, County of Sacramento, November 9, 2022 In this asbestos matter, the plaintiffs alleged that the decedent, Gail Chandler, developed mesothelioma as a result of exposure to asbestos-containing products. The plaintiffs alleged that the defendant, Parts Warehouse, a retail distributer, sold asbestos-containing parts to the decedent and/or the decedent’s employer, and that …
State of New York, Supreme Court, County of Niagara, November 4, 2022 Plaintiffs Benedict Viglietta and Terri Viglietta alleged that Mr. Viglietta developed mesothelioma as a result of his exposure to asbestos while employed at a Durez chemical plant during the summers of 1974 and 1976. With respect to defendant Hedman Resources Limited, the plaintiffs …