Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The Ninth Circuit affirmed an Idaho district court’s order granting summary judgment for the defendant, Union Pacific, in a secondary exposure case filed by the plaintiff William Stephens. The plaintiff alleged that his father was exposed to asbestos at his job at a Union Pacific roundhouse in Weiser, Idaho, and carried asbestos home on his clothes, …
WISCONSIN – The plaintiff, Dale Chapp, filed suit against Colgate Palmolive arguing that his late wife, Ruth Chapp, developed mesothelioma from her use of Cashmere Bouquet talcum powder from approximately 1969-the mid-1980s. The plaintiff also alleged that Ruth Chapp was secondarily exposed to asbestos from laundering his work clothes. Colgate moved for summary judgment. The …
MARYLAND – Three alleged insurers of Tate Andale, Inc., a company that manufactured products containing asbestos and has been made defendant in related personal injury cases, disputed their coverage obligations to Tate Andale. While Hartford Accident & Indemnity Company and Zurich American Insurance Company were defending Tate Andale in the underlying suits, Pennsylvania National Mutual …
ALASKA – A Washington state appellate court upheld the trial court’s motion of summary judgment for the defendant Ketchikan Pulp Company (Ketchikan) in a matter involving the plaintiff Larry Hoffman, and concluded that Alaska’s statute of repose barred claims against Ketchikan. Hoffman’s father, Doyle, worked as a welder and pipefitter at the Ketchikan mill in …
Defendants Honeywell and Ford Motor appealed the District Court’s decision affirming the denial of “unconditional access” to numerous exhibits submitted in connection with “administering nine asbestos bankruptcies.” The court had previously permitted review of the documents for three months with certain limitations. However, unfettered access was denied as doing so would “pose an undue risk …
WASHINGTON – The plaintiff, Donald Yaw, filed a lawsuit against numerous equipment manufacturers alleging that he suffered injuries as a result of asbestos exposure. The plaintiff experienced his exposure while working as a shipfitter at Puget Sound Naval Shipyard from 1964 to 2001. The plaintiff was deposed before he passed away, but did not remember …
LOUISIANA – The plaintiff, Terry Bondurant, alleged exposure to asbestos while working as an electrician at various chemical plants in Texas and Louisiana, including a plant located in Texas that belonged to the defendant, Eastman Kodak. . Kodak, however, was incorporated in New Jersey and has its principal place of business in New York. Kodak …
DELAWARE – The plaintiff, Marianne Robinson, brought failure to warn and strict liability claims against Union Carbide Corporation (UCC). She alleged that UCC sold its Calidria asbestos to Georgia Pacific (GP) for use in their joint compound products for a period of time. Finally, the plaintiff alleged that her late husband, Jack Robinson, purchased and used GP’s …
CALIFORNIA – The plaintiff, Arthur Putt, filed suit in Los Angeles Superior Court on December 3, 2018, alleging he developed mesothelioma from his use of automobile brakes. Among the 16 defendants sued were Ford, Pneumo Abex and Pep Boys. On August 7, 2019, jury selection began with Ford and Pep Boys participating. Pneumo Abex did …
In the past few years, the bare metal defense has seen inconsistent and nebulous holdings around the nation. The bare metal defense vindicates an asbestos defendant that manufactured a product that was made of only metal without asbestos but later utilized asbestos components within its products. The defense is commonly seen amongst pump and valve …