Real-Time Court Decisions and Other Developments in Asbestos Litigation.
On September 19, 2022, a panel of three judges for the Third Circuit heard oral argument in In re LTL Management LLC, Case No. 22-2003. Before the Court is Johnson & Johnson’s (J&J) use of Chapter 11 to resolve asbestos-related litigation. The appeal to the Third Circuit follows a ruling by the U.S. Bankruptcy Court for …
United States District Court for the Eastern District of Louisiana, September 23, 2022 In April 2020, Paul Hotard (“decedent”) received a mesothelioma diagnosis despite never handling or working with asbestos-containing materials while employed at the Avondale Shipyards. While employed, decedent’s duties consisted of handing pipe to the pipefitters and tacking pipe together for a welder …
Court of Appeal of Louisiana, Fourth Circuit, September 28, 2022 In this asbestos action, John Brindell (“Brindell”) allegedly contracted mesothelioma as a result of working as a mechanic for Puerto Rico Marine Management, Inc. (“PRMMI”) at the Port of New Orleans. Brindell’s surviving spouse and children (“Plaintiffs”) asserted a wrongful death and survival action against …
United States District Court for the Eastern District of Louisiana, September 29, 2022 The Callen Cortez (“Plaintiff”) matter has been previously reported by the Asbestos Case Tracker. At current issue is the plaintiff’s motion in limine to exclude the testimony of Dr. Samuel Forman, a former Navy officer and occupational medicine specialist, as his testimony would lack relevancy …
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 …
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 …