Real-Time Court Decisions and Other Developments in Asbestos Litigation.
LOUISIANA – On March 7, 2018, a lawsuit was filed on behalf of the plaintiff, Cary Gomez, alleging take-home exposure to asbestos through the plaintiff’s father’s employment at Avondale Shipyards in the 1960s, and through the plaintiff’s work as a plumber for Aardvark Contractors, Inc. from 1988 to 2011. The plaintiff contends that he contracted …
WISCONSIN – In this appellate action, Jacqueline Nooyen, the plaintiff, sought to appeal the circuit court’s decision to grant summary judgment to the defendants, Wisconsin Electric Power Company, Madison Gas and Electric Company, Wisconsin Power & Light Company, and Wisconsin Public Service Corporation. The plantiff’s husband, the decedent, was a career pipefitter who, between 1970 …
CALIFORNIA – In July 2016, Ann Patrice Gibbons, the plaintiff/appellant, was diagnosed with mesothelioma. A lawsuit was filed by the appellant and her husband in December 2016, alleging the appellant’s exposure to asbestos through her own use, from 1980 to 2000, of Shower to Shower talcum powder manufactured by Johnson & Johnson Consumer Inc. (JJCI), as …
LOUISIANA – The plaintiff, Victor Michel, filed suit in Louisiana State Civil Court against 29 defendants on July 28, 2017. Specifically, the plaintiff sought damages from the defendant, Ford Motor Company, as an asbestos miner, manufacturer, seller, supplier, or distributor. In his complaint, the plaintiff alleged that between 1968 and 1969, he worked as a mechanic at …
ILLINOIS – The plaintiffs brought suit against more than 50 defendants alleging their decedent, Willard Krumwiede, developed and passed from mesothelioma as a result of occupational exposure to asbestos for which the defendants were liable. Specifically, the plaintiffs contended that Krumwiede was exposed to asbestos tape and caulk made by Tremco. Both products were purported …
NEW YORK – On Nov. 29, 2016, the plaintiffs, Anna and Guido Nocelli, both citizens of New York, filed an action in the Supreme Court of New York alleging 11 causes of action related to Anna Nocelli’s, alleged asbestos-related disease. The initial complaint named multiple defendants, including the Union Carbide Corp., that were citizens of …
MISSOURI – O’Reilly Auto Enterprises, LLC succeeded to the interests of Grand Auto, Inc., and O’Reilly was named as a defendant in several asbestos-related personal injury actions as a result. Industrial Indemnity had issued two insurance policies covering such claims to Grand Auto, and U.S. Fire had succeeded to Industrial Indemnity’s interests. As a result prior …
The past three years have seen the scope of personal jurisdiction challenges expand on a national level, and Pennsylvania is no exception. Two areas in particular in Pennsylvania, jurisdiction by consent and jurisdiction by registration, have been tackled by both the state and federal courts in the Commonwealth. There have been inconsistent rulings in the courts, and …
LOUISIANA – The plaintiff, Denis Schexnayder, alleged that he contracted lung cancer as a result of exposure to asbestos from multiple defendants, including Avondale. The plaintiff brought suit against Avondale for its failure to warn about asbestos hazards and provide adequate safety equipment and procedures. The plaintiff alleged that he and his father performed work …
PENNSYLVANIA – A personal injury lawsuit was filed in the court of common pleas of Philadelphia County in April 2016 on behalf of the decedent, Diane Shields. Thereafter, it was removed to federal court. The complaint alleged common law causes of action for negligence, wrongful death and survivorship claims due to the decedent’s exposure to asbestos through …