Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Superior Court of New Jersey, Appellate Division Decedent Joseph Murray worked for the defendant Consolidated Rail Corporation (Conrail) from 1976 to 2011 as a brakeman/conductor. His wife filed a wrongful death and survival action citing the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60, and the Locomotive Inspection Act, 49 U.S.C. §§ 20701-20703. …
Court of Appeal of Louisiana, Fourth Circuit In this asbestos action, David Stauder Jr. (decedent) developed mesothelioma after working as a pipefitter for two decades. His daughters, Jill and Shelley Stauder (appellees) brought a survival action and wrongful death action against several defendants. Following a trial in December 2021 where Union Carbide Corporation (UCC) was …
Court: Supreme Court of New York, Appellate Division, First Department Plaintiff Ralph Vavala alleged his lung cancer diagnosis arose from alleged exposure to asbestos from a variety of products, including valves manufactured by the defendant, Jenkins Bros., during his employment as a steamfitter and welder from the 1960s through the 1980s. Upon commencement of the …
Jurisdiction: NYCAL A Manhattan jury handed down a $23 million verdict Dec. 21 in a living mesothelioma case brought by the law firm of Weitz & Luxenberg. The jury awarded compensatory damages to 81-year-old plaintiff James McWilliams, designating $13 million for past pain and suffering and $10 million for future pain and suffering. Mr. McWilliams …
United States District Court for the Eastern District of Louisiana, Jan. 13 Plaintiff Glen King alleged that his exposure to asbestos during the course of his employment with the United States Navy, Louisiana State University, and BASF Corporation caused him to develop mesothelioma. He sued various defendants including Union Carbide, alleging in his negligence claim …
Court: United States District Court for the Eastern District of Louisiana In this asbestos action, decedent Gayle LeBeau alleged take-home exposure to asbestos from her father and brother’s work at the Avondale Shipyards. After decedent filed her claim in state court, defendant Huntington Ingalls Incorporated (“Avondale”) removed the case to federal court. Plaintiffs moved to …
Court: Supreme Court of New York, New York County In this asbestos action, the defendant, Francesco Carboni, alleged asbestos exposure working on automobiles for Zumbach Sports Cars. The defendant, Porsche Cars North America, moved for summary judgment, arguing that the decedent was not exposed to asbestos from any PCNA products. The plaintiff Susan Carboni opposed …
Court: Supreme Court of New York, Appellate Division, Third Department In this asbestos action, the plaintiff, Albert Howard, contends that he developed mesothelioma following his service in the United States Navy from 1961 to 1978. During this time, he alleged asbestos exposure from working with pumps, including Armstrong pumps, while serving on various submarines whose …
Jurisdiction: Superior Court of Pennsylvania Richard and Pamela Shellenberger filed a lawsuit to recover damages from several defendants, including Mr. Shellenberger’s employers — Kreider Dairy Farms Inc. and Noah W. Kreider & Sons LLP (Appellees) — as a result of his exposure to asbestos and subsequent mesothelioma diagnosis, from which he ultimately died. Specifically, they …
Plaintiff Edith Niedert alleged that she developed lung cancer as a result of her exposure to asbestos from laundering the clothing of her husband, Paul Niedert. From 1956 to 1993, Mr. Niedert was employed as a plumber and steamfitter, and was responsible for removing and installing Goodyear gaskets and gasket-containing materials. The plaintiff was diagnosed with …