Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In this case, the plaintiff claimed that the decedent, Alan McMann, was exposed to asbestos-containing non-skid materials as a bystander that were applied to the deck of the USS Firedrake. Defendant SB Decking, the alleged manufacturer of the non-skid material, moved for summary judgment on the ground that plaintiff did not prove that the non-skid … Continued
In this case, the plaintiff claimed that the decedent was exposed to asbestos-containing insulation and winch brakes aboard various dredges and commercial vessels on which he worked over the years. “[P]laintiff asserted a Jones Act negligence claim under 46 U.S.C.A. § 30104 and a general maritime unseaworthiness claim under 28 U.S.C.A. § 1333.” The defendants, … Continued
In this case, the defendant, Lockheed, moved for reconsideration of the prior decision from the U.S. District Court for the Western District of Washington that there was sufficient evidence establishing a causal link between original asbestos allegedly installed by Lockheed and decedent John McCrossin’s asbestos exposure. In accordance with five decisions out of the Eastern … Continued
In this mesothelioma case, the plaintiff brought suit in Maryland State Court claiming exposure to asbestos products while working at a Baltimore shipyard, which then resulted in some of the defendants removing the case to federal court pursuant to 28 U.S.C. 1442(a)(1) alleging a federal contractor defense. The plaintiff moved to remand, claiming that the … Continued
In this wrongful death case, the plaintiff alleged that his father, decedent Fredrick Laurent, was exposed to asbestos from several different jobs, including while working for the City of New Orleans’ brake tag station from 1958 to 1986. Various motor vehicle manufacturing defendants moved for summary judgment on two grounds: 1) the plaintiff could only … Continued
The plaintiff in this Washington federal court case alleged that the decedent, John McCrossin, was exposed to asbestos from a variety of products, including boilers, while serving in the Navy. Defendant Fraser’s, which maintained that it only assembled boilers, moved for summary judgment raising superseding cause, strict liability, and government contractor arguments. The court found … Continued
In this case, the plaintiff presented an affidavit of decedent attesting to asbestos exposure, a death certificate confirming the mesothelioma, and co-worker depositions showing that the decedent was generally exposed to asbestos at the Groton Connecticut shipyard while overhauling nuclear submarines. Several defendants moved for summary judgment on the ground that while the plaintiff established … Continued
The plaintiff in this Louisiana federal court case alleged that decedent pipefitter was exposed to asbestos while at various locations during his career, including a one-to-two-week period at Union Carbide. Union Carbide offered the expert testimony of industrial hygienist Dr. William Dyson to perform a dose reconstruction assessment of the decedent’s level of asbestos exposure … Continued
In this California state case, the plaintiff, a Texas resident, claimed asbestos exposure in both California and Texas, although the particular claimed exposure against certain defendants was in Texas. These defendants moved for summary judgment, claiming that under Texas law, the plaintiff was unable to meet the legal standard of causation. Both the lower and appellate … Continued
Plaintiff Todd Alexander commenced a wrongful death action claiming decedent Richard Alexander was exposed to asbestos in connection with his sheet metal, heating, and plumbing business. Defendants Auer and Milwaukee Stove moved for summary judgment under Wisconsin’s Statute of Repose and, in the alternative, along with defendant CertainTeed, on lack of causation. The lower court … Continued