Real-Time Court Decisions and Other Developments in Asbestos Litigation.
LOUISIANA – The plaintiff, Federico Lopez, filed a lawsuit in June 2017 in Louisiana state court alleging his malignant mesothelioma was caused by his exposure to asbestos at unidentified facilities. He passed during the pendency of the lawsuit, and his surviving spouse and child maintained the case (the Lopez action), and asserted a wrongful death claim. …
DELAWARE – On June 8, 2018, a Delaware jury awarded $40.6 million in compensatory damages to the plaintiff, Paula Knecht, in a case previously reported by this blog. The defendant, Ford Motor Company (Ford), was assessed 20 percent liability, meaning the plaintiff was awarded $8.1 million against Ford. Subsequently, Ford filed two post-trial motions: for …
Previously on Asbestos Case Tracker, we took a look at the successful efforts of certain states to combat manipulation and abuse of the asbestos bankruptcy trust system. These states passed legislation that prevents claimants from being doubly compensated for alleged exposures to asbestos-containing products manufactured, used, or supplied by bankrupt and viable companies. The legislation enabled …
PENNSYLVANIA – The plaintiff filed a motion for leave to file an amended complaint, after the court granted Ford and AT&T’s motions to dismiss. Ford argued that the motion should be denied because there was no new exposure information. The court denied the motion without prejudice because the plaintiff failed to adhere to longstanding Third …
WASHINGTON – The plaintiff’s decedent, Thomas Deem, worked at the Puget Sound Naval Shipyard from 1974 to 1981. Two of Deem’s co-workers testified that he was exposed to asbestos while working around pumps, valves, turbines, compressors, steam traps, and other equipment on various ships as a marine machinist. Cleaver-Brooks filed a motion for summary judgment …
NEW YORK – The defendant Union Carbide Company (UCC) entered into a tolling agreement with the plaintiff’s former counsel that terminated on December 31, 2009. The plaintiff filed the instant matter on July 30, 2013, well after the two year deadline for filing a wrongful death action and three year deadline for filing a personal injury …
PENNSYLVANIA – In an order entered on November 19, 2019, Judge Robreno of the Eastern District of Pennsylvania dismissed eight defendants in the Fend matter based upon the court’s lack of personal jurisdiction over each. The plaintiff was allegedly exposed to asbestos while working on ships and aircraft while serving in the Navy. In a …
KENTUCKY – The plaintiffs, Jack and Holly Papineau, filed a lawsuit against several defendants alleging damages suffered from exposure to asbestos. The plaintiffs filed a motion to compel the defendant Honeywell to supplement answers to interrogatories and requests for production, specifically regarding prior lawsuits. After oral argument, the court requested that the plaintiffs narrow the …
PENNSYLVANIA – The plaintiff filed this lawsuit against several defendants alleging damages suffered from exposure to asbestos. The opinion did not provide any background into exposure, disease or procedural history, other than ongoing motion practice between the plaintiff and the defendant, Space Systems/Loral, LLC (SSL) regarding responses to discovery.The plaintiff filed a motion to compel SSL …
DELAWARE – The plaintiffs, Kent and Cathy Mosher, filed an asbestos-related action in Delaware Superior Court on January 25, 2018. The complaint alleged Kent Mosher contracted mesothelioma as a result of asbestos exposure during his employment as a boiler technician in the United States Navy from 1973 to 1977 and through his employment at the …