Real-Time Court Decisions and Other Developments in Asbestos Litigation.
NEW YORK – The plaintiffs sued dozens of defendants, including Cleaver-Brooks, alleging that Frederick Brown developed an asbestos-related injury as a result of exposure to the defendant’s products. The complaint was filed in July 2017. The plaintiff served answers to interrogatories in October 2017. The responses stated in pertinent part “…While performing my sheet metal …
NEW YORK – On Friday, March 6, 2020, a New York County jury rendered a defense verdict in the matter of Sharon Epstein, Individually and as Independent Administrator of the Estate of Ira Epstein v. Atlas Turner, Inc., et al., an asbestos personal injury and wrongful death action involving the decedent, Ira Epstein, and his …
United States District Court, E.D. North Carolina, Western Division, March 5, 2020 NORTH CAROLINA – On June 9, 2015, Wade Miller Gore (decedent) and Faye Gore (plaintiff) filed an asbestos-related lawsuit in the United States District Court for the Middle District of North Carolina. The complaint alleged that the decedent was exposed to asbestos products while …
United States District Court, S.D. New York, March 3, 2020 NEW YORK – Eugene Paroni, the plaintiff’s spouse, was diagnosed with and died of mesothelioma. The plaintiff alleges that the decedent’s mesothelioma was a result of his asbestos exposure from his work with a turbine manufactured by Ruston Gas Turbines, Ltd. The plaintiff brought suit …
U.S. District Court E.D. of Louisiana, March 4, 2020 LOUISIANA – The decedent, James Leoma Gaddy, filed a petition for damages against various defendants on Sept. 21, 2018 in the Civil District Court for the Parish of Orleans. It is alleged that the decedent was exposed to asbestos while working at International Paper from 1948 …
United States Bankruptcy Court, D. Maryland. March 02, 2020 The plaintiffs were various entities who filed for bankruptcy protection under Chapter 11 in 2001. Their bankruptcy confirmation order set a bar date for the filing of claims by creditors against the entities. Nearly 16 years later, asbestos claimants filed claims for exposure to asbestos in Pennsylvania. …
A string of recent decisions on remand motions illustrates that diversity challenges are alive and well in asbestos litigation. As the landscape of defendants changes as trial approaches, so do the defenses. Whether by settlement or dismissal, the remaining defendant or defendants have taken advantage of diversity issues to remove cases to more favorable federal …
United States District Court, M.D. North Carolina, February 28, 2020 United States District Court for the Middle District of North Carolina recently denied a dryer felt defendant’s motion to dismiss for lack of personal jurisdiction. The plaintiffs filed a lawsuit after William Brock was employed as an electrician and maintenance worker at RJ Reynolds Tobacco …
United States District Court, E.D. North Carolina, February 25, 2020 NORTH CAROLINA – The plaintiff, Belinda Foushee filed a claim with North Carolina Industrial Commission (NCIC) against Appalachian State University (ASU) alleging her daughter, Anneka Foushee or the decedent, contracted and died from mesothelioma as a result of her exposure to asbestos-containing products she used …
U.S. District Court, E.D. North Carolina, Northern Division, February 26, 2020 NORTH CAROLINA – On December 21, 2017, the plaintiff, Karen Cahoon filed a complaint alleging state law claims of negligence, breach of an implied warranty, failure to warn and punitive damages against, among others, the defendant, Edward Orton, Jr. Ceramic Foundation. A scheduling order …