Real-Time Court Decisions and Other Developments in Asbestos Litigation.
CALIFORNIA — The plaintiff Thomas Toy filed suit against several defendants including National Automotive Parts Association (NAPA) alleging that he developed mesothelioma from the use of its asbestos containing products while maintaining vehicles. NAPA moved to dismiss the matter for lack of personal jurisdiction. The plaintiff opposed the motion arguing that the court had specific … Continued
OHIO — The appeals for this matter stem from the dismissal of claims filed in the Northern District of Ohio. In 1989 several ship owner defendants moved to dismiss a multitude of merchant mariner claims suits for lack of personal jurisdiction. In sum, the defendants argued that the merchant mariners’ claims for nationwide jurisdiction were … Continued
WISCONSIN — Plaintiff Johnson Carter filed suit against Henry Carlson’s Construction Company (HCCC) alleging he suffered “a variety of severe medical symptoms” after exposure to asbestos while working for HCCC as a temporary construction worker. Specifically, he claimed that he was exposed to asbestos during a demolition of a hospital in the late 1980s. He … Continued
COLORADO — The plaintiff filed suit against several defendants alleging exposure to asbestos caused their development of mesothelioma. As for the plaintiff Mestas, he alleged exposure to asbestos from the work clothes of his father from 1953-1974. He also alleged direct exposure to asbestos while working on personal vehicles from 1968-1992. The plaintiff Muse sought … Continued
WASHINGTON — The plaintiff filed suit against numerous defendants alleging his decedent was exposed to asbestos for which the defendants were liable. The plaintiff sought leave of court to amend the pleadings three times. The instant request to add the defendant DCo LLC was made after the case was removed. The paintiff contends that not … Continued
NEW JERSEY — Multiple deceased plaintiffs brought actions against Honeywell alleging they contracted mesothelioma as a result of exposure to asbestos from Bendix brakes while working as mechanics in the United Kingdom. The plaintiffs filed in New Jersey despite the alleged exposure oversees. Honeywell moved for dismissal based on the doctrine of forum non conveniens … Continued
NEW YORK — The plaintiff Laura Shanahan sued Kolmar Laboratories, Inc. (Kolmar), Johnson & Johnson (J&J), and seven other defendants in state court in New York, alleging that her use of their asbestos-containing talc products led to the development of mesothelioma. While the plaintiff and Kolmar were both residents of New York, J&J nonetheless removed … Continued
ALABAMA — The plaintiff Billie Smith filed suit against the defendants alleging she developed mesothelioma from the use of talcum powder on herself and son from the 1950’s through 2015. The defendants included Cyprus Amax Minerals Company (Amax), Cyprus Mines Corporation (Cyprus), Imerys Tac America Inc. (Imerys) and Johnson and Johnson (J and J). The … Continued
LOUISIANA — The plaintiff Victor Michel alleged that he developed peritoneal mesothelioma from exposure to asbestos in his work as a mechanic performing work on engines and brakes. Ford Motor Company is the only remaining defendant in this matter. The court ruled on motions by the plaintiff and Ford, and ultimately continued the trial. After … Continued
PENNSYLVANIA — Yesterday, a federal judge disagreed with the defendants, Ford Motor Company and AT&T, that the court lacked jurisdiction over the companies, but determined that the plaintiff Rhonda J. Gorton’s pleadings were deficient nonetheless. Ms. Gorton sued Ford, AT&T, and several other parties alleging that they exposed her late husband Thomas Gorton to asbestos, … Continued