Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Middle District of North Carolina, March 22, 2021 Plaintiff Kenneth McDaniel worked as an operator for Duke Power at its Belews Creek Power Plant in North Carolina from 1974 to 2005. His wife, Deborah McDaniel, whom he married in 1978, was diagnosed with lung cancer and filed suit, alleging that …
U.S. District Court for the Eastern District of Louisiana, March 19, 2021 Decedent Frank Labarre worked as a tire repairman or salesman in automobile shops throughout Louisiana throughout his career. In 2016, Mr. Labarre was diagnosed with a “probable asbestos-related lung condition,” and he passed away in 2018. The plaintiff alleged that by performing brake …
Supreme Court of New York, New York County, March 15, 2021 In this asbestos action, the plaintiff’s counsel signed two unopposed summary judgment motions and orders submitted by counsel for Nash Engineering and Atwood & Morrill, respectively. The plaintiff’s counsel filed a motion to vacate the orders pursuant to NY CPLR § 5015(a)(1), and defense …
Superior Court of Rhode Island, Providence, March 16, 2021 On June 17, 2011, The plaintiffs filed a complaint, alleging that the decedent, Walter Burdick, died as a result of exposure to asbestos or asbestos-containing products sold, manufactured, or distributed by the defendants, including NIBCO, Inc. during the decedent’s employment as a laborer, mechanic, maintenance man, boiler operator, pipefitter, …
Supreme Court of New York, New York County, March 10, 2021 Defendant Gare Incorporated filed this instant motion for summary judgment pursuant to CPLR 3212. The plaintiffs allege that Lorraine Berger’s (the decedent) June 22, 2018 diagnosis of mesothelioma was causally connected to her asbestos exposure from Gare asbestos-containing products. Gare’s motion contends that Gare …
U.S. District Court for the District of South Carolina, March 1, 2021 The issues before the court arise from an insurance coverage action in which the parties disputed the rights and obligation of Covil under a policy allegedly issued to it and whether injuries in underlying asbestos actions are within the products and completed operations …
Decedent Gene Sponcler worked for over 40 years for defendant BNSF Railway Company and its predecessor in interest as a laborer, brakeman, and conductor. The decedent was diagnosed with kidney cancer in late 2010 (the exact date is disputed by the parties) and passed away on January 25, 2016. The decedent’s wife filed this action …
U.S. District Court for the Western District of Washington, March 4, 2021 Defendant Puget Sound Commerce Center, Inc. formerly known as Todd Shipyards Corporation filed an amended motion for summary judgment/partial summary judgment. The plaintiffs allege the decedent John Dale Wineland worked at Todd Shipyards in 1974, where he was negligently exposed to asbestos, including …
Supreme Court of New York, New York County, February 16, 2021 In this action, plaintiff James Witte alleged asbestos exposure from supervising the installation of fire doors manufactured by T.M. Cobb Company in Manhattan. Cobb moved to dismiss the plaintiff’s complaint based on lack of personal jurisdiction. Cobb argued that the court did not have …
U.S. District Court for the Eastern District of Louisiana, March 2, 2021 Plaintiff Linda Crossland filed a motion to remand and defendants Avondale and Hopeman Brothers Inc. oppose the plaintiff’s motion. The plaintiff’s alleged exposure to asbestos was from asbestos fibers floating from Avondale Shipyards into her neighborhood, take home asbestos exposure from her father …