Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Last week, Ohio Attorney General Mike DeWine filed suit against E.I. du Pont de Nemours and Co. (DuPont) and its spinoff The Chemours Company (Chemours) for the release of Perfluorooctanoic Acid (PFOA), also known as C8, into the Ohio River. The current suit alleges that between 1951 and 2013 DuPont released toxic chemicals from its … Continued
OHIO – Plaintiff Julia Alexander filed suit against multiple defendants after she was diagnosed with peritoneal mesothelioma in May of 2016. The plaintiff alleges that she was exposed to asbestos via Bendix brake products which were manufactured by Honeywell International. The plaintiff testified that she visited her fiancé, an automobile mechanic, two to three times per … Continued
OHIO — The decedent, Donald French, filed suit as a result of his diagnosis of mesothelioma allegedly caused by occupational exposure from asbestos-containing products through his work at U.S. Steel in Dearborn, Michigan. French provided testimony as to his alleged exposures at a discovery deposition that lasted approximately 18 hours over three days. On the third … Continued
Plaintiff Paul Heaton sued multiple defendants including an automotive gasket manufacturer and Honeywell International alleging his decedent, Robert Brawley, developed mesothelioma for which defendants were responsible. Fact witness Michael Victor was deposed on Brawley’s use of the gasket manufacturer’s gaskets on shade tree mechanic work from 1974-2010. The deposition lasted three days. On day one … Continued
Plaintiff Ruth Williams filed suit against multiple defendants, including Akron Gasket, as a result of her late husband’s development of mesothelioma. Specifically, the plaintiff alleged that Mr. Williams was exposed to asbestos tape made by Akron while working at PPG Industries and Goodyear Tire and Rubber. Summary judgment was granted in favor of Akron. The … Continued
A recent study by the University of Cincinnati found high levels of perfluorooctanoic acid (PFOAs) in residents from the Mid-Ohio River Valley over a 22-year period. The study’s findings are largely consistent with increased detection of PFOAs in water sources nationwide in recent years. Perfluorooctanoic acid (PFOA), also known as C8, persists indefinitely in the … Continued
Late last year, in our Law360 article “Definition Of ‘Disposal’ Limits CERCLA’s Applicability,” we analyzed an Ohio District Court’s pleading requirements to state a claim for liability under CERCLA. The plaintiffs’ initial complaint in that case had been dismissed because it failed to sufficiently allege “active human conduct” causing hazardous substances to be “discharged, deposited, … Continued
Plaintiff Gail Hart, executor of the estate of the decedent Alva Coykendall (the plaintiff), filed suit alleging that her husband worked with a substantial amount of asbestos-containing brake and clutch friction materials manufactured by various defendants. Prior to his death, Coykendall was deposed and testified that he did work as an uncertified mechanic from approximately … Continued
The plaintiffs commenced this action in state court alleging that various products caused plaintiff Ralph Shonkwiler to develop mesothelioma. Defendant CBS Corporation (Westinghouse) removed the matter to federal court based on the federal officer statute since the plaintiffs claimed exposure to their product was a Navy turbine and the claimed exposure took place while plaintiff … Continued
Plaintiff Bobby Turner and his wife commenced an action in April 2013 alleging asbestos exposure caused his lung cancer. The plaintiff was a drywall finisher from 1962 to 1978. Defendant Union Carbide moved to administratively dismiss the claim in February 2014, claiming that the plaintiffs failed to submit prima facie evidence pursuant to R.C. 2307.92. … Continued