Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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, …
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 …
Plaintiff Robert Bourgeois II originally filed his lawsuit in the Civil District Court for the Parish of Orleans, State of Louisiana, alleging his exposure while employed at Avondale Shipyards caused him to develop mesothelioma. Defendant Avondale removed the case to the Eastern District of Louisiana; in response, the plaintiff filed the instant Motion for Remand. …
U.S. District Court for the Eastern District of Louisiana, May 13, 2020 The plaintiffs alleged that Cary Gomez (decedent) contracted and died from mesothelioma as a result of take home exposure to asbestos through the decedent’s father’s work at Avondale Shipyards in the 1960s. The decedent was also allegedly exposed to asbestos through his own …
U.S. District Court for the Western District of Kentucky In Jack Papineau and Holly Papineau v. Brake Supply Company, Inc., et al., the court recently denied a third-party defendant’s motion to dismiss a third-party complaint without prejudice. Plaintiff Jack Papineau alleged he developed malignant mesothelioma from exposure to asbestos from his employment at Smith Coal, and …
U.S. District Court for the Eastern District of Louisiana, May 8, 2020 The plaintiff, Jesse Hernandez, alleged he was exposed to asbestos from, among other things, working at a family grocery store and deli from 1957 to 1966. Specifically, Mr. Hernandez alleged that plant workers from a nearby Allied Chemical plant came into the grocery …
U.S. District Court for the Southern District of New York, May 5, 2020 On February 25, 2020, plaintiffs Laura McDaniel and Edward McDaniel filed a complaint in the New York Supreme Court, New York County, against the defendants, Whittaker, Clark & Daniels, Inc. (WCD) and Revlon, Inc., for asbestos-related personal injury claims relating to Laura …
U.S. District Court for the Eastern District of Louisiana, May 6, 2020 The plaintiff’s decedent, Callen L. Dempster, was allegedly exposed to asbestos-containing products while employed at the Avondale Shipyards from 1962 to 1994. Before the case was removed to federal court, the state court denied the defendant, General Electric Company, motion to bar the …
KCIC recently issued Asbestos Litigation: 2019 Year in Review, which complied statistics for 2019 and assessed them in comparison with the data from its previous Asbestos Litigation: 2018 Year in Review. Please note all data KCIC analyzed for their report was based on complaints received and processed through January 31, 2020, regardless of file year. The …
Second Circuit, April 28, 2020 An insurer and its reinsurer were engaged in a long-running dispute over whether the reinsurer was obligated to reimburse the insurer for amounts paid in settlement to Goulds Pump, Inc. The settlement between the insurer and Goulds related to thousands of personal injury claims made against Goulds due to exposure …