Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The U.S. District Court for the Eastern District of North Carolina denied the motion for summary judgment of defendant Union Carbide Corporation in a case involving alleged exposure to raw asbestos fiber allegedly in joint compound. James Lee was a painter in North Carolina from the late 1960s into the 2000s, and during that time … Continued
Plaintiffs Jimmy R. Mitchell and Connie Mitchell filed suit alleging that Mr. Mitchell developed lung cancer as a result of exposure to asbestos-containing products, in part during the course of his employment as a boiler fireman with the U.S. Navy from 1976-79. Defendant Foster Wheeler filed for summary judgment and argued, among other things, lack … Continued
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
On August 30, 2016, a Miami, Florida jury awarded nearly $21.4 million in damages to Richard Batchelor and his wife, Regina, in a case where the plaintiffs alleged that Bechtel Corporation caused his mesothelioma. The case proceeded only against the defendants Bechtel Corporation and Foster Wheeler Energy Corporation, as Foster Wheeler settled the day before … Continued
Plaintiff Cooper Industries brought a declaratory judgment against Precision Castparts Corp. and Wyman-Gordon Company, for defense and indemnification costs for personal injury asbestos lawsuits, pursuant to a stock purchase agreement between Cooper and Wyman. The plaintiff and defendants both filed summary judgments; the plaintiff’s summary judgment was granted in part, and the defendants’ summary judgment … Continued
Plaintiff Richard Delisle filed suit against multiple defendants alleging he developed mesothelioma as a result of exposure to sheet gaskets manufactured by Crane Co. and from the asbestos fibers from Micronite filters from smoking Kent cigarettes. The jury found both defendants’ products were a substantial contributing cause (SCC) of the development of Delisle’s mesothelioma. Both … Continued
In a recent decision out of an Illinois appellate court, it was held that physical injury does not always equate to compensable physical harm. In the case of Sondag v. Pneumo Abex Corp., et al, the plaintiffs, Joseph and Phyllis Sondag, sued various defendants they claimed exposed Joseph Sondag to asbestos, which lead to his … Continued
In the consolidated matters of Kesner and Havner, the defendants petitioned the California Supreme Court to find there is no duty on employers to protect against take-home exposures experienced by those who are neither employees nor visitors to the employer’s premises; including that of an employee’s spouse or family member. In the Havner matter, the … Continued
The plaintiff, Kelan Unterberg, brought this action against multiple defendants for his alleged development of mesothelioma. His complaint lodged three separate causes of action including negligence under the Jones Act, breach of warranty of sea worthiness and reasonable fitness under U.S. Maritime law, and remedy of maintenance and cure. All of the counts were related … Continued
Plaintiff Marci Jones filed suit claiming that, during the course of her employment, she suffered personal injuries from being exposed to asbestos, mold and dead animals. The plaintiff was employed by Noble Finance, who rented a commercial building from defendants Andy and Nancy Anderson. The plaintiff’s suit against defendants includes claims for her personal injuries … Continued