Real-Time Court Decisions and Other Developments in Asbestos Litigation.
As the Asbestos Case Tracker previously reported here, former NYCAL Coordinating Judge Manuel Mendez was appointed to the Appellate Division of the Supreme Court, First Department, in July 2020. With Judge Mendez assuming his new role in the First Department, Judge Adam Silvera was announced as the new NYCAL coordinating judge. Silvera obtained his undergraduate …
Court of Appeal of California, Second Appellate District, Division Seven, October 28, 2020 Houshang Sabetian and his wife, Soraya, (the plaintiffs) filed this action on March 28, 2018 alleging causes of action for negligence, strict liability, premises liability, negligent joint venture, alter ego, and loss of consortium. The complaint alleged Houshang contracted mesothelioma caused by exposure …
Superior Court of Rhode Island, Providence, October 27, 2020 The decedent, Gerard Wallace, and his wife, Ruth (the plaintiff) filed a complaint on November 16, 2016 after the decedent was diagnosed with mesothelioma in September 2016. The plaintiff alleged that the decedent worked as a plumbing-heating installer-repairer from 1949 to 1985. Specifically, the plaintiff argued …
U.S. District Court for the District of South Carolina, Columbia Division, October 26, 2020 The plaintiff alleged that the decedent, Paul Cruise, was exposed to asbestos-containing products while serving as a boiler tender in the United States Navy, and while working as an electrician at various industrial facilities from 1965 to 1980. The defendant, Covil …
U.S. District Court for the Southern District of Mississippi, Southern Division, October 23, 2020 The plaintiff alleged that he developed mesothelioma after exposure to asbestos from various products he worked with throughout his career. Of note in this matter, the plaintiff alleged that defendant Trinity Marine Products is liable for his injury after he worked …
U.S. District Court for the Central District of California The plaintiff, Christopher Clarke, alleged he was diagnosed with mesothelioma as a result of his alleged exposure to asbestos while serving as a Machinist Mate for the United States Navy from 1962 to 1981. Specifically, the plaintiff alleged that he was exposed to asbestos from replacing …
U.S. District Court for the Southern District of New York, October 19, 2020 An insurer and its reinsurer were involved in a dispute over the reinsurer’s liability to reimburse a portion of a settlement that the insured had allocated to an excess liability policy subject to a contract of reinsurance. The insurer had issued three …
U.S. District Court for the Eastern District of Louisiana, October 14, 2020 This case arises out of plaintiff William Hulin, Sr.’s exposure to asbestos when he worked as a ship fitter, laborer, and tacker for Avondale from January 1954 to May 1973. In July 2019, the plaintiff was diagnosed with lung cancer. He sued a number …
U.S. District Court for the Northern District of Indiana, South Bend Division In the present action, defendant Johnson Controls, filed a motion to exclude a psychiatrist’s opinions about three plaintiffs’ mental health. By way of background, the plaintiffs retained Dr. Zachary Torry to evaluate whether those three plaintiffs suffered a psychiatric injury as a result …
Supreme Court of New York, Appellate Division, Fourth Department The plaintiffs, Carrier Corporation and Elliott Company, filed a declaratory judgment and breach of contract action, wherein they sought declarations of the rights and obligations of the parties under liability insurance policies issued by various insurers, including the Fireman’s Fund Insurance Company (defendant). Carrier Corporation and …