Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Earlier this year, at least four asbestos bankruptcy trusts including WR Grace, Babcock & Wilcox, Pittsburgh Corning and Owens Corning, issued notices regarding their intent to destroy data and documents submitted by claimants that have qualified for payment. Pursuant to these proposed record retention policies, the trusts plan to begin the destruction of data and …
This insurance-coverage dispute involved alleged asbestos exposure from asbestos-containing vermiculite mined from Vermiculite Mountain outside of Libby, Mont. The court acknowledged that vermiculite ore may contain toxic asbestos minerals, which alleged exposure formed the basis for the lawsuit. Specifically, in Zurich Am. Ins. Co. v. Burlington N. & Santa Fe Ry. Co. (March 13, 2025), …
Jurisdiction: Calif. Super., Los Angeles Co. Plaintiff Jose Estrada filed suit alleging exposure to asbestos from a variety of products, including automobile parts during his employment at a tire store. Mr. Estrada was diagnosed with mesothelioma, and brought the instant suit, along with his wife, Isabel, who claimed loss of consortium. Jose Estrada claimed that …
Jurisdiction: United States District Court for the Southern District of New York Plaintiff Scott Keller alleged that he was exposed to asbestos during his employment on ExxonMobil Oil Company vessels and that he developed lung cancer as a result. Exxon eventually moved for summary judgment and sought to preclude the opinions and testimony of plaintiff’s …
Jurisdiction: United States District Court for the Eastern District of Louisiana This case arises from Plaintiff Nolan J. Lebouf Jr.’s alleged exposure to asbestos. The plaintiff specifically claims to have been exposed to asbestos during his work at the Avondale Shipyard in the 1970s and 1980s. Plaintiff filed a petition for damages in state court …
Jurisdiction: Illinois Circuit Court – Cook County This lawsuit involved a survival and wrongful death action brought under the Federal Employers’ Liability Act (FELA) in Illinois. Plaintiff, Annette Sanders, represented the estate of her late husband, Joseph Sanders, against CSX Transportation Inc., Mr. Sanders’ former employer. Mr. Sanders worked as a plumber and sheet metal …
U.S. District Court for the District of Delaware Michele Salvemini, et al. vs. Air & Liquid Systems Corporation, et al. In this asbestos action, plaintiff Michele Salvemini alleges exposure to asbestos while working as a marine engineer and shipyard mechanical worker on various merchant and U.S. Navy ships from 1974 to 2007. During this timeframe, …
The U.S. Environmental Protection Agency filed a brief Feb. 7 with the Fifth U.S. Circuit Court of Appeals to uphold its prior rule banning chrysotile asbestos. The rule was issued by the EPA pursuant to relevant provisions of the Toxic Substances Control Act, 15 U.S.C. § 2605, et seq (“TSCA”). Under the TSCA, Section 6(a) …
Goldberg Segalla’s Asbestos Case Tracker blog is the trusted source for asbestos decisions happening in courts throughout the United States. We are pleased to provide a compendium of 2024 Asbestos Case Tracker posts to our clients and friends and hope it will serve as a convenient resource for you. To download the 2024 ACT Compendium, …
Supreme Court of New York – New York County Eric Biljetina, et al. vs. Brenntag North America, Inc., et al. In this action, the plaintiffs allege the decedent had asbestos exposure through the use of Jean Nate talcum powder. The decedent was ultimately diagnosed with mesothelioma in 2016. In 2024, the plaintiffs filed a Third …