Asbestos Case Tracker

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May 31, 2019 • Asbestos Case Tracker, Other Asbestos News, Washington

Plaintiffs’ Post-Sale Failure-To-Warn Theory of Negligence Unpersuasive; Defendants’ Motions for Judgment as Matter of Law Granted

WASHINGTON – The instant matter arises from the decedent Patrick Jack’s alleged exposure to asbestos-containing products through his work as an automotive mechanic, a machinist in the Navy, and a machinist and inspector at the Puget Sound Naval Shipyard. Jack sued multiple companies, alleging that his exposure to asbestos caused him to develop mesothelioma. Jack passed away …

May 30, 2019 • Asbestos Case Tracker, Illinois, Other Asbestos News, State, State>Illinois

Exclusive Remedy Defense Eliminated in Illinois for Latent Injury Claims

ILLINOIS – In 2015, the Illinois Supreme Court held in Folta v. Ferro Engineering, 43 N.E. 3d 108 (2015), that the state’s Workers’ Compensation Act and Workers’ Occupational Disease Act was the exclusive remedy for state employees who contract mesothelioma, or another latent disease or injury. May 2019 in enacting Illinois SB 1596, the Illinois …

May 30, 2019 • Appeal, Asbestos Case Tracker, Washington

Application of Product Line Doctrine Imposes Liability Upon Successor in Interest of Asbestos Supplier

WASHINGTON – The plaintiff, Edward Leren, filed suit alleging that decedent Marvin Leren developed mesothelioma as a result of his employment with Z Brick Company from 1961-1981. It was alleged that Benson Chemical (Benson) supplied Z Brick with raw asbestos used in their decorative bricks. Leren poured the raw asbestos into hoppers to mix the …

May 29, 2019 • Asbestos Case Tracker, New York, Other Asbestos News

Substantial Justice is Driving Factor in Decision to Transfer Mesothelioma Case to Colorado

NEW YORK – The plaintiff, Carl Lanz, filed suit in New York against the defendants alleging he developed mesothelioma as a result of his occupational exposure to asbestos. Specifically, Carl Lanz alleged he had been exposed to asbestos while working as an electrician apprentice and electrician for the Public Service Company of Colorado from 1969 …

May 29, 2019 • Asbestos Case Tracker, Georgia, State, State>Georgia

Denial of Workers’ Compensation Claim Affirmed After Incorrect Standard of Review Applied by Lower Court

GEORGIA – Kevin Sinyard worked as a union pipefitter since 1978; from 1986-1989, the plaintiff worked for the defendant, McKenney’s Inc. at Piedmont Hospital. In 2014, the plaintiff was diagnosed with mesothelioma and he and his wife filed a complaint in Illinois against more than 80 defendants. Although the complaint named several companies and premises …

May 28, 2019 • Asbestos Case Tracker, Louisiana, Other Asbestos News

Plaintiffs’ Claims Against Employer Barred Under Workers’ Compensation Grounds; May Plead Alternative Premises Liability Claims

LOUISIANA – The plaintiff, Victor Michel, filed a lawsuit in state court in July 2017, alleging that his work as a mechanic exposed him to asbestos which caused him to develop peritoneal mesothelioma. The case was removed to federal court on May 8, 2018 and the plaintiff passed away five days later. The court substituted his …

May 28, 2019 • Asbestos Case Tracker, Summary Judgment, Washington

Additional Defendants’ Motions for Summary Judgment Granted Where Plaintiff’s Affidavit and Related Expert Testimony Ruled Inadmissible

WASHINGTON – As reported on the Asbestos Case Tracker on May 6, 2019, in Varney v. Air & Liquid Systems Corporation, et al., the court ruled on several defendants’ motions for summary judgment. The plaintiff, Donald Varney, filed suit against numerous defendants alleging exposure to asbestos while working as a marine machinist at multiple shipyards …

May 27, 2019 • Asbestos Case Tracker, Pennsylvania, Summary Judgment

Court Reverses Grant of Summary Judgment for Two Fire Door Manufacturers

PENNSYLVANIA – In Lamson v. Georgia-Pacific LLC f/k/a Georgia Pacific Corporation, Individually and as Successor-in-Interest to Bestwall Gypsum Company, et al., the Superior Court of Pennsylvania recently reviewed the plaintiff’s (appellant) appeal from an order granting summary judgment to two defendants (appellees) in the case. The trial court had concluded that the appellant failed to …

May 23, 2019 • Asbestos Case Tracker, Louisiana, Other Asbestos News, Verdict Reduction

Jury Verdict Upheld Against Boiler Defendant

LOUISIANA — Lynda Berry alleged that she was exposed to asbestos through the electrical work of her husband, William, at a Louisiana paper mill, causing her peritoneal mesothelioma. William Berry testified that he was present when defendant Foster Wheeler removed and replaced asbestos insulation materials on their boilers, which were installed in the paper mill. The …

May 23, 2019 • Asbestos Case Tracker, California, Other Asbestos News, Remand/Removal, State, State>California

Asbestos Talc Cases Remanded to State Courts Despite Pending Bankruptcy of Talc Supplier

CALIFORNIA — On Tuesday, a federal court in California ordered that a group of asbestos talc personal injury cases must be remanded to state court on equitable grounds. Defendant Johnson & Johnson (J&J) had removed these actions to federal court in April on the basis of the pending bankruptcy of its sole talc supplier, Imerys Talc …