Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court of Appeals of South Carolina, August 3, 2022 In this asbestos action, decedent Stephen Stewart alleged exposure from working with asbestos-containing dryer felt associated with a paper machine from 1963 until 1981. Stewart was diagnosed with malignant pleural mesothelioma in September 2012. After settling with all other defendants, Stewart proceeded to trial against Scapa …
U.S. District Court for the Eastern District of Louisiana, August 3, 2022 Originally filed by Decedent prior to his passing related to mesothelioma, Plaintiffs were substituted as the parties in a wrongful death claim brought against Travelers Indemnity Co. (“Travelers”), among other defendants, under Louisiana’s direct actions statute, La. R.S. § 22:1269. Decedent was a vessel inspector for …
U.S. District Court for the Middle District of Pennsylvania, August 2, 2022 Plaintiffs Kathryn and Earl Heilner filed a lawsuit against Foster Wheeler and 71 other defendants in the Dauphin County Court of Common Pleas to recover damages Earl allegedly sustained due to asbestos exposure, which caused him to develop lung cancer. The complaint asserted …
United States District Court for the Eastern District of Louisiana, July 28, 2022 As previously reported in the Asbestos Case Tracker, decedent Callen Cortez alleged direct occupational exposure to asbestos, as well as take-home exposure from his father’s and brother’s work. As pertinent to this motion, the decedent’s father was an insulator for B&B Engineering …
U.S. District Court for the Eastern District of Louisiana, July 25, 2022 As previously reported on the Asbestos Case Tracker, this matter stems from decedent Callan Cortez’s take-home exposure to asbestos, from his brother, Daniel, who lived with the decedent while he worked at Avondale Shipyards in 1967-68. Most recently, defendants ViacomCBS Inc. (Westinghouse), General …
Superior Court of Rhode Island, Providence, July 22, 2022 In this asbestos-related lawsuit, the plaintiffs allege that the decedent, Ann Stadtler, developed mesothelioma and died due to take-home exposure to asbestos from her stepfather, Charles Ferguson, with whom she lived from 1948 to 1965. During this time, as part of his employment as a union …
United States District Court for the Southern District of Illinois, July 21, 2022 In this asbestos action, defendant Honeywell International Inc., f/k/a Allied Signal Inc. as successor-in-interest to The Bendix Corporation filed a motion to dismiss for lack of jurisdiction. Plaintiff failed to respond to Honeywell’s motion. A district court has personal jurisdiction over a …
United States District Court for the Eastern District of Louisiana, July 20, 2022 In this asbestos action, decedent Callen Cortez was diagnosed with mesothelioma following occupational and take-home exposure to asbestos. As relevant to the motion, plaintiff’s complaint alleged that former suppliers and distributors Eagle and McCarty were liable as manufacturers as a “professional vendor,” …
Supreme Court of New York, Appellate Division, First Department, July 19, 2022 On July 19, 2022, the First Department reversed three New York City Asbestos Litigation (“NYCAL”) decisions that denied summary judgment to Defendant, American Biltrite, Inc. (“ABI”), finding that the plaintiffs could not prove specific causation, and thus summary judgment to ABI was in …
Supreme Court of New York, Appellate Division, First Department, July 19, 2022 In 2017, Plaintiff Donna Olson (“Plaintiff”) filed suit against Johnson & Johnson (J&J), claiming that her lifelong use of J&J talcum powder exposed her to asbestos and caused her to develop mesothelioma. After a 12-week jury trial in 2019, a New York City …