Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Eastern District of Louisiana, September 18, 2020 In this asbestos matter, plaintiff James Becnel contends that he developed lung cancer as a result of his work aboard a Navy vessel while employed at Avondale. The initial complaint was filed in the Civil District Court for the Parish of Orleans on …
U.S. District Court, Eastern District of Louisiana, September 17, 2020 The instant matter has been extensively covered by the Asbestos Case Tracker blog. In addition to the myriad of other motions in limine filed, the plaintiffs filed a motion in limine to exclude questions or comments concerning collateral sources of income or payments. Multiple defendants opposed the motion. The defendants …
U.S. District Court for the District of Maine, September 16, 2020 The plaintiff, Victor Coffin, alleges he contracted mesothelioma from his work as an aviation electrician in the U.S. Navy from January 1968 to September 1971, as a machinist for Maine Central Railroad (MCRR) from 1971 to 1987 and as an employee of the State …
The plaintiffs in two asbestos product liability actions, represented by the same attorneys, moved to consolidate for purposes of a joint trial pursuant to CPLR § 602(a). Defendant Kaiser Gypsum Company, Inc. is the single remaining defendant in both actions. In NYCAL, the plaintiffs must show that joinder is appropriate pursuant to the Malcolm v. …
U.S. District Court for the Eastern District of Arkansas, Central Division, September 11, 2020 Defendant Cyprus Mines filed a motion to dismiss for lack of personal jurisdiction, arguing the court does not have jurisdiction over Cyprus even though it provided talc to Johnson & Johnson, which incorporated the talc into consumer products and then sold …
In a case recently reported by the Asbestos Case Tracker, the nation saw the first asbestos-related Zoom trial go to verdict. While the trial went through to verdict, it was not without serious procedural and technological hiccups that were noted by both sides of the bar and the judge. During the trial, Honeywell’s counsel filed …
U.S. District Court for the Eastern District of Louisiana, September 3, 2020 The plaintiff, Lana Waguespack, initiated the instant matter in state court against Avondale and others asserting that she contracted mesothelioma after being exposed to asbestos brought home on the clothes of her father, brother, and ex-husband. During a deposition, according to Avondale, the …
Superior Court of California, County of Alameda, September 3, 2020 In one of the first asbestos-related Zoom trials in the country, Honeywell International, Inc., successor in interest to Bendix Corp., won a defense verdict. The plaintiff, Ricardo Ocampo, alleged that he was exposed to asbestos from working as a janitor at various auto dealerships and …
U.S. District Court for the District of New Jersey, August 31, 2020 The plaintiff, Linda Hammell, alleges that her husband decedent Arthur Hammell contracted mesothelioma and died from exposure to asbestos. By way of background, the decedent enlisted in the Naval Reserve in 1960, and served on active duty in the U.S. Navy from April …
Superior Court of Delaware, August 31, 2020 The plaintiff alleged that Raymond Petit, a deceased mesothelioma claimant, was exposed to asbestos from working with AMMCO brake arching and lathe machines during his time working at auto parts and auto body shops from 1981 to 1989. During his deposition, Petit testified that he “used the lathe …