Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County This matter arises from the decedent’s allegation that his work as a merchant marine on ships, including repair and cleaning of asbestos-insulated steam lines, exposed him to asbestos and contributed to his development of lung cancer. After conducting discovery, the defendants filed a motion to …
U.S. District Court for the Western District of Washington, November 30, 2020 Defendant Puget Sound Commerce Center, Inc. filed Daubert motions seeking to exclude the testimony of four of the plaintiffs’ experts: Captain Arnold Moore, Steven Paskal, Dr. David Zhang, and Charles Ay. On each motion, the court was charged with determining whether the expert’s …
An in-person jury trial was recently held in Louisiana on the plaintiff’s negligence claims. After graduating high school, the plaintiff worked as a longshoreman from 1964 to 1968 at the Port of New Orleans. As part of his job, he unloaded burlap bags of raw asbestos. The plaintiff testified that the bags would frequently tear, …
Supreme Court of New York, New York County In this action, defendant American Biltrite Inc. filed a motion for summary judgment, arguing that the plaintiff has failed to establish general or specific causation for the plaintiff’s lung cancer in relation to American Biltrite’s products. The deceased plaintiff had alleged that his fatal lung cancer was …
Court of Appeals of Washington Cindy Maxwell, the personal representative of the Estate of Edmond Brown, and Marilou Brown (collectively the Browns) appeal the trial court’s order granting summary judgment in favor of Parsons Government Services, Inc. (Parsons) and Brand Insulations, Inc. (Brand). This action arises from Edmond’s alleged exposure to asbestos between 1971 and …
Supreme Court of New York, New York County In June 2019, we reported on the jury verdict in the Olson matter. Following the verdict, Defendants Johnson & Johnson and Johnson & Johnson Consumer, Inc. (J&J) moved to set aside the verdict and award under CPLR 4404(a). In the alternative, J&J moved for a new trial …
U.S. District Court for the Northern District of Illinois, Eastern Division Eugene Longobardi sued numerous asbestos manufactures in Illinois state court after he developed mesothelioma, alleging that his disease was caused by his exposure to asbestos while serving in the U.S. Army from 1974 to 1981. Shortly thereafter, Longobardi died and Pamela Langobardi was named …
Superior Court of Rhode Island, Providence, October 27, 2020 The decedent, Gerard Wallace, and his wife, Ruth (the plaintiff) filed a complaint on November 16, 2016 after the decedent was diagnosed with mesothelioma in September 2016. The plaintiff alleged that the decedent worked as a plumbing-heating installer-repairer from 1949 to 1985. Specifically, the plaintiff argued …
U.S. District Court for the District of South Carolina, Columbia Division, October 26, 2020 The plaintiff alleged that the decedent, Paul Cruise, was exposed to asbestos-containing products while serving as a boiler tender in the United States Navy, and while working as an electrician at various industrial facilities from 1965 to 1980. The defendant, Covil …
U.S. District Court for the Southern District of New York, October 19, 2020 An insurer and its reinsurer were involved in a dispute over the reinsurer’s liability to reimburse a portion of a settlement that the insured had allocated to an excess liability policy subject to a contract of reinsurance. The insurer had issued three …