Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The defendants (pump and valve manufactures) filed a motion in limine to exclude certain studies and videos produced by the plaintiff’s expert Dr. James Millette. The defendants challenged two aspects of Dr. Millette’s proposed testimony. First, they argued that some — but not all — of the academic studies that Dr. Millette relied on are … Continued
The defendants moved in limine to preclude testimony of the plaintiffs’ experts Drs. Kradin, Kraus and Parker for their reliance on the “each and every exposure” methodology of causation. The court began its analysis by stating the standard for expert qualification, which includes: 1) the expert’s scientific, technical, or other specialized knowledge will help the … Continued
The Appellate Division of the Supreme Court of New York issued three decisions rejecting appeals of Crane Co. arising from verdicts for Plaintiffs in three separate trials out of New York County. In Peraica v. A.O. Smith, et al., a jury on December 3, 2013 awarded the plaintiffs $9,900,000 for past pain and suffering against … Continued
William Bell alleged routine exposure to asbestos while serving as an engine man, machinery repairman, and a machinist mate in the United States Navy in the 1960s. Bell further alleged he was exposed to asbestos both while serving at sea on four ships as well as while training at a land-based Navy facility in Idaho. … Continued
The plaintiff alleged her decedent, Oswald Suoja died from mesothelioma as a result of his exposure to asbestos from Kaylo pipe insulation after working as a pipe insulator at Badger Ordance Works in Wisconsin. The case was transferred to the Eastern District of Pennsylvania for pretrial proceedings. The plaintiff specifically alleged that Mr. Suoja had … Continued
The decedent’s family filed a complaint in state court, which was removed to federal court by Crane Co. based upon the federal officer defense. The plaintiffs filed a motion to remand or, in the alternative, to sever all claims other than those against Crane and to remand all other claims. The motion to remand was … Continued
The petitioner filed suit against various entities after developing mesothelioma, alleging asbestos exposure while working for Square D in Cedar Rapids, Iowa from 1971-76. Due to her extremely bad and rapidly deteriorating health, the petitioner sought a court order authorizing her oral and videotaped deposition for use in her anticipated lawsuit for either personal injury … Continued
Debtors filed voluntary petitions for relief in the United States Bankruptcy Court; certain debtors’ subsidiaries have potential liability related to former employees’ alleged exposure to asbestos in power plants owned or operated by debtors’ predecessors. The bankruptcy court issued an order setting a bar date for all asbestos claimants, establishing requirements for proofs of claim … Continued
The plaintiff was an industrial and commercial electrician diagnosed with malignant pleural mesothelioma. He and his wife filed a complaint alleging negligence against various defendants. The plaintiffs argued defendants were vicariously liable for the acts of their independent contractor employees (non-delegable duty doctrine), those of their own employees (respondeat superior), and as premises owners. Defendants … Continued
The plaintiffs filed suit in the Court of Common Pleas, First Judicial District, Philadelphia County, against various defendants claiming that the decedent, who had been employed since the 1950s as a millwright in multiple power plants and steel mill factories, developed work-related malignant mesothelioma from exposure to asbestos and to products containing asbestos. This state … Continued