Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Eastern District of Louisiana, May 20, 2020 This case was initially filed by the plaintiff in Louisiana state court. The plaintiff alleged that Louis Elie, Jr. (the decedent) contracted and died from lung cancer as a result of his exposure to asbestos, while working as a laborer for Sperry Rand … Continued
Plaintiff Robert Bourgeois II originally filed his lawsuit in the Civil District Court for the Parish of Orleans, State of Louisiana, alleging his exposure while employed at Avondale Shipyards caused him to develop mesothelioma. Defendant Avondale removed the case to the Eastern District of Louisiana; in response, the plaintiff filed the instant Motion for Remand. … Continued
U.S. District Court for the Southern District of New York, May 5, 2020 On February 25, 2020, plaintiffs Laura McDaniel and Edward McDaniel filed a complaint in the New York Supreme Court, New York County, against the defendants, Whittaker, Clark & Daniels, Inc. (WCD) and Revlon, Inc., for asbestos-related personal injury claims relating to Laura … Continued
United States District Court, Eastern District of Louisiana. Plaintiff Jesse Hernandez filed suit against several defendants alleging he developed mesothelioma while working summers in 1968, 1969 and 1970 at the Avondale Shipyard as a painter’s helper and assistant clerk. During his deposition, he recalled working on board several vessels in the main yard and U.S. … Continued
United States District Court for the District of Montana. Plaintiff Korey L. Aarstad, along with 191 other plaintiffs moved to remand their case back to state court in Montana on the basis that the case had been improperly removed under the local controversy exception to the Class Action Fairness Act (“CAFA”) (28 U.S.C. §1332(d)(4)(A)). Defendants … Continued
U.S. District Court, Eastern District of Louisiana The United States District Court for the Eastern District of Louisiana has issued its first remand decision following the Fifth Circuit’s clarification of removal under the Federal Officer Removal Statute in February 2020. Plaintiff, Edward J. Boudreaux, Jr. alleged, among other things, that he was exposed to asbestos … Continued
U.S. District Court C.D. of Illinois, February 25, 2020 ILLINOIS – The plaintiff sued several defendants alleging that Roy Hicks developed mesothelioma as a result of his exposure to asbestos for which the defendants were allegedly responsible. Specifically, Mr. Hicks alleged exposure to asbestos while working for the City of Bloomington, where he encountered asbestos … Continued
United States Court of Appeals, Fifth Circuit, February 24, 2020 LOUISIANA — Noting that its precedents concerning the scope of the Federal Officer Removal Statute were “extraordinarily confusing,” in the matter of Latiolais v. Huntington Ingalls, Inc., the Fifth Circuit has aligned itself with sister circuits and clarified the requirements to remove a case to … Continued
United States District Court, Southern District of Illinois, February 20, 2020 ILLINOIS – The plaintiffs, Arland and Dina Wieland, originally filed the instant matter in the Circuit Court of the Third Judicial Circuit, Madison County, alleging that Arland sustained injuries due to asbestos exposure. Trial in the matter started on Feb. 20, 2020 and on Feb. … Continued
VIRGINIA – The plaintiffs, Raegena Boggs and Paul Boggs, residents of Colorado, filed their asbestos personal injury action in Kanawha County, West Virginia against numerous defendants, including Greyhound Lines, a Delaware corporation with a principal place of business in Texas; ArvinMeritor, Inc., an Indiana corporation with a principal place of business in Michigan; Carlisle Companies, … Continued