Real-Time Court Decisions and Other Developments in Asbestos Litigation.
KCIC recently issued 2019 Midyear Asbestos Litigation Trends , which compiled statistics through June 30, 2019, and assessed them in comparison with the data from its previous Asbestos Litigation: 2018 Year In Review. The overall takeaways from the update, each assessed at greater length below, are: While non-malignant and “other” cancer filings continued trending downward …
NORTH CAROLINA – The Court of Appeals of North Carolina recently upheld the Worker’s Compensation Commission decisions and findings in 144 consolidated cases. Numerous plaintiffs, including Walter Hinson, Charles Wilson, Douglas Epps, and Bobby James Newell, sought compensation under the worker’s compensation statute for alleged asbestos related illnesses for their work at Continental Tire in …
GEORGIA – In Sheila Carter, Individually and as Executrix of the Estate of James R. Carter v. 3M, et al., the U.S. District Court for the Southern District of Georgia granted a pump manufacturer’s (the defendant) motion for summary judgment due to the plaintiff’s failure to oppose the motion. This action alleged that the decedent …
MARYLAND – The plaintiff, Clyde Crowe, developed mesothelioma and sued CSX Transportation and numerous other defendants in the Circuit Court for Baltimore City seeking damages under the Federal Employer’s Liability Act (FELA) due to his exposure to asbestos while employed by CSX. From 1960 to 1969, the plaintiff worked as a railway operator and foreman …
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 …