Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In this case, the plaintiffs pursued an action claiming that the decedent, while working as an aircraft electrician for the U.S. Air Force between 1952 and 1961, was exposed to various electrical component parts. Several electrical component part defendants moved for summary judgment claiming that the plaintiffs did not meet the threshold exposure standard under California … Continued
In this case, the plaintiff and his wife, Roy and Milva Knight, sued Scapa Dryer Fabrics, Inc., alleging that Roy’s mesothelioma was caused from exposure to asbestos while he was working as an independent sheet metal contractor at Scapa’s facility. It was alleged that Scapa used asbestos fibers in its manufacturing process and there was … Continued
In this case, the plaintiff commenced an action in Maryland state court and alleged the decedent’s exposure to asbestos while working at a Coast Guard yard, as a floor tile salesman, and in connection with residential work. The case was originally removed to federal court under federal question jurisdiction, based on the claimed exposure at … Continued
The administratrix of the decedent’s estate appealed the lower court’s time-barred dismissal of the wrongful death action she commenced on behalf of the decedent, who was diagnosed with mesothelioma on June 17, 2011 and died on July 9, 2012. The action was commenced on January 9, 2014, which was more than two years after the … Continued
The plaintiff brought this action claiming that the decedent’s work as a laborer and machinist for Illinois Central and its predecessor caused him to be exposed to asbestos and to develop lung cancer. After the jury awarded $2.6 million, with a 45 percent reduction for smoking, the defendant, Illinois Central, appealed, arguing it was not … Continued
In 1983-84, it was alleged that during a retrofit project of the Jackson County courthouse, the contractors did not turn off the ventilation system, which allegedly caused asbestos to be circulated throughout the courthouse. “Dust containing asbestos fibers was blown and tracked throughout the Courthouse resulting in layers of dust accumulated throughout the Courthouse and … Continued
In this NYCAL case, a New York City jury found that Con Edison, as the premises owner, was 30 percent responsible for the plaintiff’s asbestos-related injuries under New York’s Labor Law § 200(1). On a post-trial motion, the trial court ruled that “absent legally sufficient evidence demonstrating, as a matter of law, that Con Edison … Continued
In two decisions issued Thursday out of the Eastern District of Missouri and the Southern District of Illinois, the courts reached different conclusions as to whether the respective plaintiffs sufficiently pleaded causes of action against the defendants under Federal Rule of Civil Procedure 12(b)(6). In Campbell v. ABB Inc., the defendant Raypack moved to dismiss the … Continued
In this California federal court case, plaintiffs Billy and Diana Jeffrey commenced an action generally claiming Mr. Jeffrey had asbestos exposure at numerous worksites spanning from 1962 to 1976. Several defendants moved to dismiss the complaint for failure to state a cause of action on the grounds that the plaintiffs’ complaint merely listed jobsites and … Continued
In this case, the plaintiff worked and lived in the state of Tennessee for his entire life, with the exception of one year living in Maryland while working at Bethlehem Steel. The majority of his asbestos exposure occurred in Tennessee, which is also where he was diagnosed and treated for mesothelioma. The court had previously granted the motions of … Continued