Real-Time Court Decisions and Other Developments in Asbestos Litigation.
WASHINGTON – In Marietta Dianne Yaw, Individually and as Executor of the Estate of Donald Arthur Yaw v. Air & Liquid Systems Corp., et al, pending in the United States District Court for the Western District of Washington, the court recently granted motions for summary judgment for three defendants. The plaintiffs, Donald and Marietta Yaw, …
TENNESSEE – The plaintiff Donald Coffman worked at the Tennessee Eastman chemical plant from 1968 until 1997, mostly as a mechanic. In that capacity, he was responsible for repairing and replacing pumps, valves, steam traps and piping. Repairs were quite frequent due to the corrosive nature of the acid being used at the plant. The …
DELAWARE – The plaintiff Hickman filed suit against several defendants including Air & Liquid Systems Corp. for its line of Buffalo pumps arguing that he developed asbestosis and asbestos related pleural disease as a result of his work with the defendants’ products while working onboard several ships in the United States Navy. Specifically, the plaintiff …
NEW YORK – The first department unanimously affirmed the lower court’s denial of the defendant Harris Corporation’s (Harris) motion for summary judgment in NYCAL. The first department concluded that, when viewing evidence in light most favorable to the plaintiff Leonard Carriero, Harris failed to establish prima facie entitlement to summary judgment. Specifically, instead of submitting …
OHIO – The decedent Garry Blakely was employed at Aerospace, a division of the defendant Goodyear Tire & Rubber Company, which contained sub-divisions that manufactured aircraft brake assemblies. The decedent worked in the wheel and brake division, where he drilled, shaped, and incorporated linings into brake assemblies. Upon his diagnosis of mesothelioma in 2014, the decedent sued …
CONNECTICUT – The plaintiff alleged that the decedent, James Schmidt, was exposed to asbestos during the course of his various careers. The defendant CNH Industrial America (CNH) moved for summary judgement, which was denied on the basis of decedent’s deposition testimony that he worked on asbestos-containing bulldozers and excavators CNH moved for reconsideration, and summary …
CALIFORNIA – Yesterday, a three-judge panel reversed a California trial court’s grant of summary judgement for the defendant, Triple A Machine Shop (Triple A), Inc., and remanded the matter to the trial court for further determination of Triple A’s arguments in support of summary adjudication. The decedent, Michael Harris, sued Triple A, among others, and …
WASHINGTON – The plaintiff, Sherri Deem, filed suit on behalf of herself and the estate of her husband, Thomas Deem, alleging that his exposure to asbestos as a machinist at the Puget Sound Naval Yard caused him to develop mesothelioma. Thomas Deem passed away on July 2, 2015 and Sherri Deem filed suit on November …
LOUISIANA – The family of Joseph Savoie, Jr. filed suit against multiple defendants alleging he passed away from mesothelioma as a result of exposure to asbestos while working at Avondale Shipyards from 1948-1995. Savoie was originally diagnosed with asbestosis in 1990 and settled with several defendants. Years later, he developed mesothelioma. Avondale sought summary judgment …
NEW YORK – The plaintiff, Donald Terwilliger, brought an asbestos suit against multiple defendants. The complaint included a count that Honeywell, as successor in interest to the Wilputte Coke Oven Division of the Allied Chemical Corporation (Honeywell), was strictly liable for emissions coming from its coke ovens at Bethlehem Steel’s Lackawanna Plant in New York. …