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Asbestos Case Tracker

Real-Time Court Decisions and Other Developments in Asbestos Litigation.

LATEST INSIGHTS

• Appeal, Asbestos Case Tracker, California, State, State>California

Trial Court’s Refusal to Reduce Plaintiffs’ Recovery of Costs by Amounts Attributable to Settled Defendants Affirmed

Court of Appeal of California, First Appellate District, Division Three, December 11, 2020 The heirs of decedent Richard Booker filed suit, alleging that Booker developed fatal mesothelioma from his exposure to defendants’ asbestos-containing products. The plaintiffs settled with most of the defendants, and a trial was held against the two remaining defendants, Vanderbilt Minerals LLC …

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• Appeal, Asbestos Case Tracker, Damages

Damages Award Against Defendant Pipe Supplier Affirmed On Appeal

Court of Appeal of California, First Appellate District, Division Five, December 9, 2020 From September 1976 to March 1977, Frank Hart (the decedent) worked in California cutting asbestos-cement pipe for new sewer lines. He was later diagnosed with mesothelioma, allegedly as a result of his exposure to asbestos through that work. On November 8, 2016, the …

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• Asbestos Case Tracker, Louisiana, Remand/Removal

Shipyard Defendant’s Removal Deemed Timely Following Receipt of Discovery

U.S. District Court for the Eastern District of Louisiana, December 7, 2020 Plaintiff Ethel Sampey was diagnosed with mesothelioma, which she alleged was caused by secondhand exposure to asbestos from her uncle, Huey Levron, who worked at the Avondale Shipyard from 1957 to 1965, and also from working as a bartender and serving Avondale workers. …

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• Appeal, Asbestos Case Tracker, Ohio

Medical Expert Reports Deemed Sufficient to Overcome Dismissal in Maritime Action

Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County This matter arises from the decedent’s allegation that his work as a merchant marine on ships, including repair and cleaning of asbestos-insulated steam lines, exposed him to asbestos and contributed to his development of lung cancer. After conducting discovery, the defendants filed a motion to …

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• Asbestos Case Tracker, Expert Challenges, Washington

Four Daubert Challenges Denied in Shipyard Case

U.S. District Court for the Western District of Washington, November 30, 2020 Defendant Puget Sound Commerce Center, Inc. filed Daubert motions seeking to exclude the testimony of four of the plaintiffs’ experts: Captain Arnold Moore, Steven Paskal, Dr. David Zhang, and Charles Ay. On each motion, the court was charged with determining whether the expert’s …

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Mesothelioma
• Asbestos Case Tracker, Expert Challenges, Summary Judgment

Denial of Daubert Motions in Navy Yard Case Leads to Denial of Summary Judgment for Valve Manufacturer

U.S. District Court for the Southern District of New York, November 30, 2020 The plaintiffs filed two lawsuits in New York state court alleging that the decedent, John Grimes, was diagnosed with mesothelioma as a result of his exposure to asbestos while working as a coppersmith apprentice at the Brooklyn Navy Yard from 1961 to …

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• Asbestos Case Tracker, Personal Jurisdiction

Defendant’s Unopposed Motion to Dismiss for Lack of Personal Jurisdiction Granted

Supreme Court of New York, New York County In this asbestos action, defendant Hoffman-La Roche, Inc. filed a motion to dismiss pursuant to CPLR Section 3211(a)(8), arguing that it is a New Jersey company with no connection to New York. No opposition was filed. Based on the defendant’s motion, the court held the defendant had …

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• Asbestos Case Tracker, FELA

Prior Release of FELA Claims Based on Asbestos Exposure Does Not Bar New Toxic Claims Based on Language in Past Release

U.S. District Court for the District of Nebraska The plaintiff brings claims under the Federal Employers’ Liability Act (FELA) and the Federal Locomotive Inspection Act. The plaintiff, who was employed as a brakeman and conductor by defendant Union Pacific Railroad Company, alleges that while employed by Union Pacific from 1963 to 2000, he was negligently …

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• Asbestos Case Tracker, Damages, Louisiana

Longshoreman Plaintiff Exposed to Raw Asbestos Awarded $10.3 Million in Mesothelioma Case

An in-person jury trial was recently held in Louisiana on the plaintiff’s negligence claims. After graduating high school, the plaintiff worked as a longshoreman from 1964 to 1968 at the Port of New Orleans. As part of his job, he unloaded burlap bags of raw asbestos. The plaintiff testified that the bags would frequently tear, …

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