Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Plaintiffs Irvin and Marlene Rohl brought this action against several defendants including Caterpillar and Navistar. The plaintiffs argued that Mr. Rohl’s lung cancer was caused by exposure to asbestos from brakes, gaskets, clutches, engines, and heavy duty equipment made by Caterpillar and Navistar. At the trial level, the defendants moved to transfer the case from …
The plaintiffs filed suit in the Superior Court of Delaware claiming that Amanda Dullinger was secondarily exposed to Defendant Abex LLC’s asbestos containing brakes while she was a child causing her to develop mesothelioma. The plaintiff’s mother, Tammy Allen, was the plaintiffs’ primary product identification witness. Ms. Allen testified that Ms. Dullinger was present when …
Plaintiff Donald Noll sued a number of manufacturers, sellers, and suppliers of asbestos and asbestos-containing products, including Special Electric. Noll alleged that he developed malignant mesothelioma from exposure to asbestos when he worked construction in Washington between 1977 and 1979 cutting asbestos-cement pipes. Those asbestos-cement pipes were manufactured by CertainTeed Corporation, and CertainTeed received most …
The plaintiff appealed the trial court’s granting of the defendant’s motion for summary judgment on successor liability. This suit involves the plaintiff’s exposure to asbestos from his work in Portland shipyards during the 1950s. The defendant moved for summary judgment on the ground that any of its liabilities “that may have existed prior to 1965 …
In a consolidated matter, three of the plaintiffs, Diane Jacobs, Katrina Masephol, and Janice Seehar (the Weyerhaeuser plaintiffs), filed claims against various defendants after developing mesothelioma. Each had worked for Weyerhaeuser for years in close contact with asbestos. As such, in order to get around Wisconsin’s Workers Compensation Act, Wis. Stat. § 102.03(2), which provides …
Jay Wanlass filed suit against Metalclad Insulation Corp. (Metalclad) based on alleged exposure to friable asbestos. Metalclad moved for summary judgment, which the trial court granted. The plaintiff appealed that decision to the First District Court of Appeal for Division 2 in California. In 1968, Metalclad entered into an agreement with the United States Navy …
Decedent Bobby Vickery died of mesothelioma and his estate was substituted as a party to this action. The plaintiff estate appealed the granting of summary judgment to defendants Eaton Corporation, ArvinMeritor, Pneumo-Abex, and Brake Supply Company. The appellate court affirmed, with one judge dissenting. The plaintiff alleged Mr. Vickery was exposed to asbestos from a …
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 …
Defendant Crane Co. appealed the remand ordered by the district court to New York State Court. Crane had removed based upon the federal officer removal statute. The appellate court affirmed the remand without a summary of the underlying facts. First, Crane argued remand was erroneous because the federal courts had original subject matter jurisdiction. The …
On December 13, 2013, plaintiff James F. Piper was diagnosed with mesothelioma and filed suit in the Circuit Court for Baltimore City on March 26, 2014 for damages caused by his occupational asbestos exposure. Piper worked as a steamfitter at the Morgantown Generating Station in Woodzell, Maryland. In early 1970, defendant Westinghouse installed a turbine …