Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Plaintiff William Bozeman brought suit alleging exposure to asbestos and asbestos-containing products caused him to contract mesothelioma. Mr. Bozeman, a Louisiana resident, worked for Arizona Chemical Company, later known as International Paper Company, from 1975 to 1981 and 1981 to 1999 in Louisiana and claims he was exposed while on the job. He filed suit … Continued
The plaintiffs sued multiple defendants including several “citizens” of California. Four days before trial defendant John Crane Inc. removed the case to federal court on diversity. The plaintiff then moved to remand. The court began its analysis by stating the legal standard for removal which permits removal when the federal court could have “exercised original … Continued
The plaintiff asserted various claims against 78 defendants due to mesothelioma developed from alleged asbestos exposure incurred during his civilian work in the Navy from 1958-64, Kambien from 1966-69, and Polaroid from 1969-97. The plaintiff attempted to make the action un-removable by disclaiming any relief for injuries sustained upon a federal enclave or as a … Continued
The plaintiff brought an action against multiple defendants for his alleged occupational exposure to lung cancer while working as a longshoreman for different stevedoring companies from 1954-1979. Included with the numerous defendants was Industrial Development Corporation of South Africa, Ltd. (IDC) and South African Marine. The plaintiff’s claims included negligence, strict liability, intentional tort, and … Continued
In this federal court case, the plaintiff, Clovis Aresnault, commenced an action in the Northern District of Indiana alleging exposure to asbestos while working in steel mills in Illinois and at a plant located both in Illinois and the Northern District of Indiana. The case was transferred to the Eastern District of Pennsylvania as part … Continued
The plaintiffs filed this personal injury suit in Delaware after the plaintiff Donnie Wines was diagnosed with mesothelioma. Both plaintiffs died before the suit was completed, and their personal representative was substituted. Defendant Rockwell Automation Inc. removed to federal court. The plaintiff filed a motion to remand, arguing: (1) that the notice of removal was … Continued
Nebraska plaintiffs filed an action in Missouri state court after the decedent died of mesothelioma. After five defendants remained, defendant Volkswagen filed for removal based upon diversity jurisdiction, and alleged that the defendant, J.P. Bushnell Packing Supply Company, a Missouri corporation, was fraudulently joined. This matter was before the court sua sponte to determine whether … Continued
The plaintiff filed an asbestos suit in Missouri; defendant Crane Co. removed to federal court based on federal officer jurisdiction, in which Warren Pumps and CBS Corporation joined. All three defendants were dismissed and the plaintiff moved to remand, which the court granted. “…[I]f the federal party is eliminated from the suit after removal…the district … Continued
The U.S. Court of Appeals for the Fourth Circuit issued an opinion in two consolidated appeals upholding the granting of summary judgment to defendants CBS Corporation, General Electric Corporation (GE), MCIC (local insulation contractor), Paramount Packing & Rubber Company, Phelps Packing & Rubber Company, SB Decking, Inc., Wallace & Gale Asbestos Settlement Trust (local insulation … Continued
In this case, the plaintiff claimed that he was exposed to asbestos and contracted mesothelioma from products allegedly manufactured, supplied, installed, and/or distributed by numerous defendants. The plaintiff asserted in the complaint that he served in the U.S. Navy from 1962–66 but provided the disclaimer that the “[p]laintiff was not exposed to asbestos and is … Continued