Real-Time Court Decisions and Other Developments in Asbestos Litigation.
United States District Court of the District of Nevada, September 19, 2022 The plaintiff commenced this action in early 2020 by filing his Complaint against 13 defendants. He suffers from mesothelioma and alleged exposure through his father, James Potter. James Potter served in the United States Air Force as an aircraft mechanic. He routinely worked on aircraft engines …
U.S. Court of Appeals for the Second Circuit, September 15, 2022 Fireman’s Fund Ins. Co. v. Onebeacon Ins. Co., 2022 U.S. App. LEXIS 25863 Fireman’s Fund Insurance Company (“Fireman’s Fund”) issued three excess insurance policies to ASARCO, Inc., in 1983 and 1984, which functioned as layers of a coverage tower assembled for ASARCO. Two …
United States District Court for the Eastern District of Louisiana, September 8, 2022 Plaintiff Ora Jean Adams alleges she developed lung cancer from secondhand asbestos exposure from laundering the clothing of her deceased husband. Decedent worked at Avondale in the 1970s as a pipefitter and welder on various vessel construction projects. The plaintiff contends that defendant Hopeman …
United States District Court for the Eastern District of Louisiana, September 6, 2022 Plaintiff Ora Adams alleges that her husband, Lional Adams, was exposed to asbestos at defendant, Avondale’s, New Orleans area shipyards in the 1970s while Mr. Adams was employed as a pipefitter and welder. She contends that this work resulted in asbestos dust …
As previously reported in Goldberg Segalla’s Asbestos Case Tracker — (NYCAL Verdict Against Talc Product Manufacturer Reversed on Causation Grounds – Asbestos Case Tracker) — the New York Court of Appeals recently overturned a $16.5 million-dollar asbestos verdict, finding the plaintiff’s proof on causation insufficient as a matter of law. Nemeth v. Whittaker, Clark, & …
Court of Appeals of Iowa, August 31, 2022 Plaintiffs Mary and Paul Fankhauser filed a lawsuit against multiple defendants, including Honeywell International Inc. and Pneumo Abex LLC, alleging that Paul’s mesothelioma was caused by exposure to asbestos-containing products while employed by the Iowa Department of Transportation between 1968 and 2006. Honeywell sold asbestos-containing brake …
Supreme Court of New York, County of Erie , August 25, 2022 In this asbestos action, plaintiff Eric Cislo alleged take-home exposure to asbestos from his father’s work with Bison boilers from 1969 until the early 1980s. Prior to 1969, Farrar and Trefts Inc. manufactured and sold Bison boilers, and underwent “a series of acquisitions, mergers, …
United States District Court for the Eastern District of Louisiana , August 24, 2022 The Asbestos Case Tracker continues to cover the Becnel matter, in which the plaintiffs allege James Becnel was exposed to asbestos at the Avondale Shipyards in 1965. For purposes of these motions, the plaintiff alleged intentional tort and fraud/concealment counts against the defendants. Recently, …
U.S. District Court for the Eastern District of Louisiana, August 23, 2022 Decedent Callen Cortez sued defendant Hopeman Brothers Inc., among others, claiming that alleged asbestos exposures caused him to develop mesothelioma. In support of this position, the plaintiffs retained an expert industrial hygienist, Gerald Baril, who opined that Cortez suffered paraoccupational, direct, and bystander …
Faced with back-to-back years of unprecedented flooding, wildfires, and soaring temperatures, sixteen teens and children from Montana, ages 2-18, are suing their home state in what may precipitate the next wave of climate-change litigation. With favorable rulings from a state judge and the Montana Supreme Court, the children’s lawsuit is on track to become the …