Real-Time Court Decisions and Other Developments in Asbestos Litigation.
DELAWARE – In an appeal of a case reported by the Asbestos Case Tracker blog in August 2018, the Delaware Supreme Court rejected the plaintiffs’ appeal and affirmed the superior court. Briefly, the parties had agreed that Ohio law applied to the case. During the pendency of the action, the Ohio Supreme Court issued its …
LOUISIANA – In McMaster v. Union Carbide Corp., et al, pending in the Court of Appeal of Louisiana, Fourth Circuit, plaintiff Ronald McMaster filed suit against various defendants alleging that he was exposed to asbestos while employed at Gulf Oil from 1978 to 1980. The plaintiff requested that the clerk of court issue trial subpoenas …
LOUISIANA – The plaintiff, Terry Bondurant, alleged that his mesothelioma was caused in part by his service as a welder for the United States Navy aboard the USS Ticonderoga, and by his work as an electrician in civilian refineries and chemical plants. The plaintiff brought strict liability failure to warn and design defect claims against defendants …
NORTH CAROLINA – In October 2018, a jury in the Middle District of North Carolina awarded more than $32 million in a claim against Covil Corporation based on a decedent’s exposure to asbestos-containing insulation sold by Covil. Since then, Covil, its insurers, and other parties who have brought asbestos claims against Covil have been engaged in …
DELAWARE – The plaintiff Hickman filed suit against several defendants including Air & Liquid Systems Corp. for its line of Buffalo pumps arguing that he developed asbestosis and asbestos related pleural disease as a result of his work with the defendants’ products while working onboard several ships in the United States Navy. Specifically, the plaintiff …
NEW YORK – The first department unanimously affirmed the lower court’s denial of the defendant Harris Corporation’s (Harris) motion for summary judgment in NYCAL. The first department concluded that, when viewing evidence in light most favorable to the plaintiff Leonard Carriero, Harris failed to establish prima facie entitlement to summary judgment. Specifically, instead of submitting …
Asbestos litigation has been consistently active throughout the United States since the first asbestos lawsuit was filed in the 1970s. As the population of asbestos plaintiffs has grown over the last 40 years, so have the funds paid by various asbestos defendants. This growing financial burden has caused numerous asbestos defendants to file for bankruptcy. …
We are pleased to provide the 2019 Asbestos Case Tracker Compendium containing all of the posts throughout the first half of 2019 to clients and friends of Goldberg Segalla. Goldberg Segalla’s Asbestos Case Tracker blog is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Ranked on the 2018 ABA …
ILLINOIS — The defendant, BNSF Railway Company (BNSF), made an interlocutory appeal of the trial court’s denial of their forum non conveniens motion, seeking transfer from Cook County, Illinois to Knox County, Illinois, in a matter involving brakeman and locomotive engineer, Randall Alley. Alley alleged that his lung cancer was caused in part by unsafe working …
MARYLAND — A Baltimore City jury found that William Busch, Jr. contracted mesothelioma as a result of his exposure to asbestos-containing materials installed during the construction of Loch Raven High School (LRHS) by defendant Wallace & Gale, Co. (W&G), and awarded the plaintiff a $14 million verdict, which was later reduced to $7.3 million. While …