Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of New York, New York County, December 2, 2021 The defendant, Jenkins Bros, moved to dismiss the plaintiffs’ complaint for lack of personal jurisdiction. Specifically, Jenkins argued that it is not incorporated in New York, does not have its headquarters in New York, and does not maintain its principal place of business in …
U.S. District Court for the Western District of Washington, December 14, 2021 An insurance coverage dispute arose out of an action by Northshore School District against Beresford for a construction project in which Beresford allegedly improperly and negligently disturbed asbestos-containing materials requiring extensive remediation, cleaning, and repairs. Beresford tendered its defense to Travelers, which denied …
Court of Appeals of Washington, Division One, December 14, 2021 From the mid-1950s until 1988, ExxonMobil operated a refinery in Ferndale, Washington. In 1979, Northwestern Industrial Maintenance (NWIM) contracted with Mobil to perform maintenance jobs at the Mobil refinery in Ferndale. NWIM employed the decedent, Warren Wright, as a working foreman at the Ferndale facility. …
U.S. District Court for the Western District of Pennsylvania, December 2, 2021 In this matter the plaintiff, Darlene Data, sued numerous defendants on behalf of her husband, Michael Data, who was diagnosed with mesothelioma in January 2019 and died on February 6, 2020. Mr. Data served in the United States Navy from June 1969 to …
In 1982, epidemiologists predicted that the incidence of asbestos-related malignant diseases would begin to decline by the late 2000s. Forty years later, with 2022 beginning in less than a month, the question is: were they right? Asbestos was widely used in industrial and other work and residential settings through the early 1970s. Asbestos consumption in …
U.S. District Court for the Western District of North Carolina, Asheville Division, December 6, 2021 Plaintiffs David L. Settlemyer and Jan Settlemyer filed the complaint for their asbestos-related action on December 12, 2019, alleging that Mr. Settlemyer contracted mesothelioma from his work as an automobile and truck mechanic for various employers from 1979 through the …
Supreme Court of New York, Suffolk County, October 28, 2021 In this matter, the plaintiff, Kathleen DiFranco, sued to recover damages for personal injuries allegedly incurred by the decedent as a result of exposure to products containing asbestos through his work as a carpenter. The plaintiff alleged the decedent was exposed to asbestos while working …
Supreme Court of New York, Appellate Division, First Department, December 2, 2021 We previously reported on a dispute concerning the discoverability of a defendant’s redacted, as well as unredacted memorandum from the defendant’s in-house counsel to its president. In 2016, a New York trial court held that privilege was waived by the defendant as to …
The plaintiffs, seeking payment of judgments entered against a supplier of raw asbestos fiber to employer of the plaintiffs’ decedents under New York Insurance Law § 3420 and a declaration that insurance companies’ transfer of insurance funds to the supplier constituted fraudulent conveyances in violation of New York Debtor Creditor Law, filed several actions against …
Court of Appeal of California, First Appellate District, Division One, November 30, 2021 The plaintiff, Amos Webb, was diagnosed with mesothelioma in 2018, and filed suit againstnumerous defendants, including General Cable Corporation, alleging that he was exposed to asbestos while working as an electrician for various employers throughout his career. Specifically, during his discovery deposition, …