Real-Time Court Decisions and Other Developments in Asbestos Litigation.
United States District Court, E.D. Louisiana, March 31, 2020. Plaintiff, Harry F. Marsh, was diagnosed with mesothelioma allegedly as a result of his exposure to asbestos during his time as a seaman. He filed a Complaint in state court against several defendants on January 18, 2019. Shortly thereafter, Defendant and Cross-Claim Plaintiff, Huntington Ingalls removed the …
United States District Court, M.D. Pennsylvania, April 1, 2020 . Plaintiff, Rhonda Gorton, filed this asbestos-related lawsuit in Pennsylvania on behalf of her husband, Thomas Gorton (“Decedent”). Mrs. Gorton’s Complaint alleged Decedent suffered and died from mesothelioma as a result of his exposure to asbestos from his work as a service technician for AT&T Inc. …
United States Court of Appeals, Third Circuit. Plaintiff William Traser filed suit against multiple defendants in the United States District Court for Michigan. Mr. Traser passed away from mesothelioma two years later. His case was then consolidated into the Multidistrict Litigation (“MDL”) in 1991. Thereafter, his case was transferred to the Eastern District of Pennsylvania. …
Plaintiffs filed suit against several defendants including Cleaver Brooks “CB” alleging that their decedent, Ronald Callanan, developed and passed from asbestosis as a result of his exposure to defendants’ products. Specifically, Plaintiffs alleged that Callanan worked with David Wolfe at FM Engineering as a field inspector. Their work included inspecting CB boilers but Wolfe was …
United States District Court for the Western District of Pennsylvania. Plaintiffs alleged that Harald H. Mehnert developed mesothelioma as a result of his exposure to asbestos-containing laboratory equipment while working as a lab technician at the U.S. Geological Survey in Denver, Colorado from 1959 to 1995. Plaintiffs sued numerous defendants, including Fisher Scientific Company, LLC …
In Jack Papineau and Holly Papineau v. Brake Supply Company, Inc., et al., the Court recently granted a third-party defendant’s motion to dismiss a third-party complaint. Plaintiff Jack Papineau (“Papineau”) alleged that he developed malignant mesothelioma from exposure to asbestos from his employment at Smith Coal, and sued four defendants. After the action was filed, …
On March 25, 2020, the U.S. District Court for Delaware “recommended” granting summary judgment to defendants Flowserve US, Inc. and Air & Liquid Systems Corporations. By way of background, plaintiffs Pietro Vocciante and Rosalba V. Assante filed a personal injury action against multiple defendants including Flowserve US, Inc. and Air & Liquid Systems Corporation alleging …
U.S. District Court, Eastern District of Louisiana The United States District Court for the Eastern District of Louisiana has issued its first remand decision following the Fifth Circuit’s clarification of removal under the Federal Officer Removal Statute in February 2020. Plaintiff, Edward J. Boudreaux, Jr. alleged, among other things, that he was exposed to asbestos …
U.S. District Court for the Western District of Washington, March 16, 2020 WASHINGTON – On March 16, 2020, the U.S. District Court for the Western District of Washington granted summary judgment to defendant, Alcoa, holding that the plaintiff’s claims were barred by the Washington Industrial Insurance Act (WIIA). The plaintiff, Clinton Casey, worked as a …
Supreme Court of Montana, March 11, 2020 MONTANA – The defendant BNSF Railway Company’s (BNSF) appealed the lower court’s decision arguing that the court erred in granting partial summary judgment in favor of the plaintiffs on the issues of preemption, strict liability, and non-party affirmative defenses. As an overview, W. R. Grace acquired the assets …