Real-Time Court Decisions and Other Developments in Asbestos Litigation.
United States District Court for the Northern District of California In the instant complaint, the plaintiffs allege that Ronald Viale used, handled, or was otherwise exposed to asbestos and asbestos containing products provided by or manufactured by the defendants, that he contracted the terminal cancer, mesothelioma as a result of such exposure, and that, in July 2018, …
U.S. District Court for the Eastern District of Louisiana, July 6, 2020 In Lopez v. McDermott, Inc., pending in the U.S. District Court for the Eastern District of Louisiana, Exxon Mobil moved for summary judgment. In the operative complaint, the plaintiffs allege that Mr. Lopez (the plaintiff) was exposed to asbestos-containing products while employed as …
Over the past year, an increasing number of state legislatures are considering bills or have passed legislation intended to promote fairness, clarity, and efficiency in asbestos litigation throughout the country. (For example, New York is currently considering a bill that would promote transparency in plaintiffs’ asbestos bankruptcy trust proof of claim submissions, a development ACT …
Superior Court of Delaware, New Castle, July 1, 2020 A Delaware lower court has determined that an affidavit signed by a deceased plaintiff is admissible under that state’s “residual exception” to hearsay rules. Specifically, in Ogg, the plaintiff signed an affidavit regarding his work history prior to being hospitalized for end stage pulmonary fibrosis. After …
Supreme Court of Minnesota, July 1, 2020 In 2009, Gary Palmer’s (the decedent) pulmonologist informed him that he had calcium deposits on his lungs due to asbestos exposure. On December 24, 2011, the decedent was diagnosed with mesothelioma and in January 2012, he learned that asbestos exposure had caused his mesothelioma. The decedent passed away on March 1, 2015. …
Court of Appeals of Tennessee, Nashville, June 30, 2020 A jury trial was conducted on behalf of the plaintiff, Lois Irene Davis, who sued multiple companies alleging her husband, James William Davis (the decedent), was exposed to asbestos-containing materials at his workplace which caused him to develop mesothelioma and die. Prior to the start of …
U.S. District Court for the Eastern District of Louisiana The plaintiff, Patricia Jackson, alleges asbestos exposure while employed by Avondale Shipyard between 1970 and 1977. She further alleged asbestos exposure from father’s work clothing while he was employed by Avondale between 1962 and 1975. The plaintiff filed suit against numerous defendants including Huntington Ingalls Incorporated, Albert …
Court of Appeal of California, First Appellate District, June 29, 2020 In Estes v. Eaton Corp., 2020 Cal. App. LEXIS 594, the Court of Appeal of California, First Appellate District reversed an order granting a new trial, and affirmed a defense verdict for Eaton Corporation. In this case, the jury heard the trial court case, …
In a 2018 decision, the court determined that “all sums” allocation and vertical exhaustion applied to the plaintiffs’ claims regarding coverage for amounts expended in the defense and resolution of lawsuits related to exposure to asbestos-containing products. The matter then proceeded to trial, where the parties presented evidence regarding dates of first exposure for underlying …
Court of Appeal of California, Second Appellate District, Division Seven, June 24, 2020 In December 2011, the plaintiff, Jovana Collantes, and the decedent, Joel Hernandezcueva, filed a lawsuit against numerous defendants arising from the decedent’s alleged exposure to asbestos while employed as a janitor at a large complex occupied by Fluor Corporation (the Fluor Complex) from 1992 …