Asbestos Case Tracker

LATEST INSIGHTS

June 4, 2020 • Appeal, Asbestos Case Tracker, New Jersey

New Jersey Supreme Court Affirms Manufacturer Liability for Third-Party Asbestos-Containing Component Parts

This case was initially filed in Middlesex County, NJ by the plaintiff in 2014. The plaintiff, Arthur Whelan, alleged he contracted mesothelioma from working on products manufactured by defendants, including original asbestos-containing components and asbestos-containing replacement components manufactured by other entities. At the summary judgment stage, the defendants argued the plaintiff could not establish that …

June 3, 2020 • Asbestos Case Tracker, Pleadings Challenge, Summary Judgment

Motion for Summary Judgment Denied for Fireproofing Contractor at World Trade Center

Supreme Court of New York, New York County The plaintiff alleged that Arthur Shanahan (the decedent) was exposed to asbestos while employed as a carpenter at various commercial, residential, and industrial sites in Manhattan from approximately 1982 to 2016. During this time, the decedent worked at the World Trade Center framing walls where it is …

June 2, 2020 • Asbestos Case Tracker, Asbestos Litigation Analysis

Jurisdictions Remain Split on Existence of Liability and Scope of Same in Secondary Exposure Cases

The U.S. District Court for the Eastern District of Louisiana recently issued a decision holding that an employer or premises owner, in a negligence claim, may owe a duty of care to a plaintiff who alleges exposure to asbestos from coming into contact with that employer’s or premises owner’s employees at an offsite location. In …

June 2, 2020 • Asbestos Case Tracker, Federal Officer Removal, Louisiana, Remand/Removal

Plaintiff’s Motion to Remand on Timeliness of Defendant’s Removal on Federal Officer Jurisdiction Denied

U.S. District Court for the Eastern District of Louisiana Plaintiff H. Francis alleged he was diagnosed with lung cancer as a result of his work as a rod clerk for Avondale Shipyards from 1973 to 1974. Mr. Francis was deposed on January 21, 2020 regarding these allegations, and Avondale received his deposition transcript on February …

Close up of Male lawyer or judge hand's striking the gavel on sounding block, working with Law books, report the case on table in modern office, Law and justice concept

May 28, 2020 • Appeal, Asbestos Case Tracker, Delaware

Appeal Dismissed as Interlocutory Since Entry of Judgment Still Pending

Supreme Court of Delaware, May 22, 2020 After a jury trial found in favor of the plaintiff in this asbestos matter, defendant Ford Motor Co. filed a motion for a new trial or in the alternative for remittitur. The trial court denied Ford’s motion. Thereafter, the plaintiff filed a motion for entry of judgment, seeking …

May 22, 2020 • Asbestos Case Tracker, North Carolina, Summary Judgment

No Actionable Asbestos Exposure Attributed to Electrical and Contractor Defendants

U.S. District Court for the Middle District of North Carolina, May 21, 2020 Plaintiffs Larry and Anne Woolard filed the instant lawsuit against 14 separate defendants, alleging that exposure to their asbestos-containing products and equipment while Mr. Woolard worked as an HVAC apprentice, mechanic, and supervisor at Weyerhaeuser Paper Mill caused him to develop mesothelioma. …

May 21, 2020 • Asbestos Case Tracker, Remand/Removal

Motion to Remand Denied Based Upon Two Sources of Federal Jurisdiction

U.S. District Court for the Eastern District of Louisiana, May 20, 2020 This case was initially filed by the plaintiff in Louisiana state court. The plaintiff alleged that Louis Elie, Jr. (the decedent) contracted and died from lung cancer as a result of his exposure to asbestos, while working as a laborer for Sperry Rand …

May 20, 2020 • Asbestos Case Tracker, Louisiana, Summary Judgment

Pump Manufacturer’s Partial Motion for Summary Judgment Denied Under Jones Act

U.S. District Court for the Middle District of Louisiana The plaintiffs alleged that James T. McAllister (the decedent) was exposed to asbestos while working as a machinist mate aboard various vessels while serving in the United States Navy. The plaintiffs claim the decedent was exposed to asbestos from a variety of products including pumps manufactured …

May 19, 2020 • Asbestos Case Tracker, North Carolina, Summary Judgment

North Carolina District Court Grants Summary Judgment to Six Defendants on Causation Grounds

The plaintiffs alleged that the decedent, James T. Whitehead, was diagnosed with mesothelioma as a result of his alleged exposures to asbestos from working with and around a myriad of products and equipment over the course of his career as a sheet metal and maintenance mechanic. Mr. Whitehead was not deposed prior to his death, …

May 19, 2020 • Asbestos Case Tracker, Louisiana, Pleadings Challenge

Louisiana District Court Denies Motion for a More Definite Statement in Negligence Case Against Premises Owner in Third-Party Exposure Case

U.S. District Court for the Eastern District of Louisiana The U.S. States District Court for the Eastern District of Louisiana issued another decision in the Hernandez v. Huntington Ingalls matter, involving claims of negligence against a premises owner on behalf of a third-party. As previously reported here, the plaintiff, Jesse Hernandez, alleged he was exposed …