Real-Time Court Decisions and Other Developments in Asbestos Litigation.
While 2020 delayed many aspects of litigation due to the COVID-19 pandemic, some jurisdictions such as New York City still managed to hold its title as one of the nation’s top judicial hellholes. As previously reported by the Asbestos Case Tracker, as of November 13, 2020, New York terminated the scheduling of any new jury …
Supreme Court of New York, New York County In this NYCAL action, plaintiff Lorraine Sprague alleges take-home exposure to asbestos from laundering her husband’s clothing while he worked as an oiler/wiper and tugboat/marine engineer from the early 1960s until 1987. Following two fact witness depositions and submission of expert reports, defendant Fel-Pro moved for summary …
United States Court of Appeals for the Fourth Circuit In this action, the plaintiff alleges that her husband developed mesothelioma from his work as a pipefitter while assisting with the construction of a Schlage Lock plant in 1972. As previously reported by the Asbestos Case Tracker, defendant Schlage Lock obtained summary judgment after the U.S. …
Court of Appeal of California, Second Appellate District, Division One, January 27, 2021 This matter was filed after the plaintiff, Norris Morgan, was diagnosed with mesothelioma in December 2017. The complaint alleged that the plaintiff was exposed to asbestos at construction jobsites where he worked in the 1970s and 1980s, including as a construction superintendent from 1979 …
U.S. District Court for the Western District of Washington January 26, 2021 Plaintiff Ronald H. Behrmann alleges he was exposed to asbestos while serving in the U.S. Navy and later working in the Todd and Lockheed Shipyards in Seattle, Washington. The plaintiff now has mesothelioma and brings this action against various companies, including Meriden, arguing …
Supreme Court of New York, New York County, January 22, 2021 The decedent, Michael Layton, was diagnosed with lung cancer on July 16, 2017 and passed away on April 17, 2020. The plaintiff alleges the decedent’s lung cancer was caused by his prolonged and substantial exposure to asbestos over the course of his career during …
U.S. District Court for the District of Maine, January 25, 2021 The plaintiff, Victor Coffin, alleged he was diagnosed with mesothelioma as a result of his exposures to asbestos while working for Maine Central Railroad (MCRR). Specifically, Mr. Coffin alleged that he worked as a bridge operator at the Carlton Bridge, which was built under …
U.S. District Court for the Southern District of New York, January 22, 2021 This case is an insurance coverage dispute between plaintiff Cosmopolitan Shipping Co., Inc. and defendant Continental Insurance Company regarding claims made against Cosmopolitan by seamen exposed to asbestos on its ships in the 1940s. The policy at issue was unable to be …
U.S. District Court for the Western District of Washington, January 22, 2021 James Jacobson, a long-time railroad worker, died of kidney cancer in 2015, and his widow brings this lawsuit pursuant to the Federal Employers’ Liability Act (FELA) on behalf of his estate. She alleges that his cancer was caused by the negligent use of …
Supreme Court of New York, Appellate Division, First Department In this matter, the plaintiff brought Labor Law § 200 and common law negligence claims against Defendant, Port Authority of New York and New Jersey. The decedent alleged that he developed malignant pleural sarcomatoid mesothelioma as a result of occupational exposure to asbestos at John F. …