Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of Tennessee at Knoxville, January 4, 2021 On January 4, 2021, the Supreme Court of Tennessee handed down its long-awaited decision in the Coffman matter, and on an issue of first impression, adopted the bare metal defense under Tennessee law. By way of background, the trial court in Coffman granted summary judgment to …
2020 has been one of the most unprecedented years in the court system nationwide due to the coronavirus pandemic. Unsurprisingly, case and motion filing were down in 2020. As previously reported by the Asbestos Case Tracker, the number of motion filings were significantly down in the second and third quarters of 2020. In addition, consulting …
Superior Court of Delaware, New Castle In this matter, the plaintiff alleges that the decedent’s asbestosis was caused by exposure to the defendants’ asbestos-containing products throughout his career as a mechanic. Pertinent to this motion, the decedent executed an affidavit containing details of his work history and the products with which he worked on July …
Superior Court of Delaware, New Castle In this asbestos matter, the plaintiff, Thomas Pearsons, alleged exposure from maintaining and cleaning a Mergenthaler Model 8 Linotype machine in connection with his employment in a newspaper printing shop. The defendant, Heidelberg, as successor in interest of Mergenthaler Linotype Company, moved for summary judgment on several grounds. First, …
Superior Court of Delaware, December 22, 2020 On December 20, 2019, following a 10-day jury trial, a jury returned a verdict in favor of Cleaver Brooks, Inc. (Cleaver Brooks), the sole defendant at trial. The jury found that this defendant nor any of the other non-party entities listed on the verdict sheet failed to meet …
Supreme Court of the State of New York, New York County The plaintiff’s decedent, James Martinez, alleged that he was exposed to asbestos from, among other things, performing mechanical work, and specifically brake work, on a fleet of delivery trailers and vehicles from 1974 to 1976. During his discovery deposition, Martinez identified “East” as one …
U.S. District Court for the Eastern District of North Carolina, Western Division The plaintiff alleged that her daughter (the decedent) died from peritoneal mesothelioma, which she contracted after exposure to asbestos as a student in a ceramics technology course at Appalachian State University. The defendants moved for summary judgment, arguing the plaintiff failed to properly …
U.S. District Court for the Eastern District of Louisiana In the instant action, plaintiff Martha T. Roussell alleges she contracted mesothelioma through take-home asbestos exposure from the work of her father, Asward P. Theriot, who worked at Avondale Shipyard in 1957 and 1958. The plaintiff brought this action in state court against multiple defendants including …
The plaintiff, the Estate of Gregorio Sanchez Valdez, alleged occupational exposure to asbestos and diesel fumes while working as a machinist for defendant BNSF Railway Company from 1996 until 2016. Valdez was diagnosed with laryngeal cancer in 2014. BNSF moved for summary judgment on three grounds, of which the court denied all three. First, BNSF …
Supreme Court of New York, New York County, November 30, 2020 The plaintiff, Walter Cannon, filed a complaint against defendant Tishman Realty & Construction Co., Inc., among others, alleging that his lung cancer was caused by his exposure to asbestos when he worked as an electrician installing lighting fixtures at the World Trade Center (WTC) …