Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Superior Court of Delaware, New Castle, September 28, 2020 Plaintiffs Deforest Gibbs and Sherryl L. Gibb asserted claims against multiple defendants, including Union Carbide Corporation (UCC), alleging Mr. Gibbs suffers from mesothelioma as a result of occupational asbestos exposure. Mr. Gibbs worked as a laborer, plumber, and shade tree mechanic for 50 years in South Carolina. He …
U.S. District Court for the Eastern District of Louisiana, September 28, 2020 Plaintiffs Dorothy and CJ Mayfield filed an asbestos personal-injury lawsuit in Louisiana state court in April 2015, alleging Mr. Mayfield developed lung cancer as a result of his exposure to asbestos-containing products, including those manufactured by CertainTeed. Mr. and Mrs. Mayfield settled their …
U.S. District Court for the Eastern District of Louisiana, September 21-23, 2020 In Asbestos Case Tracker’s third installment of the analysis of pre-trial motions in the Dempster v. Lamorak Insurance Co. matter, the U.S. District Court for the Eastern District of Louisiana has issued nine decisions on additional motions in limine filed by the defendants. By way of background, …
U.S. District Court for the District of Delaware, September 23, 2020 On July 26, 2018, John Pruitt (the plaintiff) sued multiple defendants asserting claims arising from his alleged exposure to asbestos. The plaintiff alleged he developed mesothelioma as a result of exposure to asbestos-containing materials during his service as a machinist mate in the United …
U.S. District Court for the Eastern District of Louisiana, September 16, 2020 The U.S. District Court for the Eastern District of Louisiana has issued seven decisions on motions in limine filed by both plaintiffs and defendants in the Dempster v. Lamorak Insurance Co. matter, which has been closely followed by Asbestos Case Tracker. By way …
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 …