Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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 …
Recently, KCIC posted their 2022 Mid-Year Asbestos Filings Update. This update is compiled using information collected through July 31st. This article illustrates some highlights from the update. Number of Asbestos-Related Lawsuits Decrease While Mesothelioma Filings Increase The number of asbestos-related lawsuits increased from 2020 (1,790) to 2021 (1,972). However, 2022 shows a decrease in the …
Supreme Court of New York, Appellate Division, First Department, November 2, 2022 In this asbestos action, Steel Grip Inc., a personal protective equipment manufacturer, was sued along with other defendants for decedent Giacinto Pira’s alleged asbestos exposure, which allegedly contributed to his mesothelioma diagnosis. At his discovery deposition, Pira testified that his employer purchased …
United States District Court for the Middle District of Louisiana, October 31, 2022 Plaintiffs brought this wrongful death and survival action on behalf of decedent Kirk Reulet, alleging that Mr. Reulet was exposed to asbestos while working as a tradesman at various marine-economy jobs from 1972 to 2013. Plaintiffs alleged that this exposure led to his …