Real-Time Court Decisions and Other Developments in Asbestos Litigation.
California Gov. Gavin Newsom on Jan. 12 issued an executive order in response to the devastating wildfires, suspending environmental reviews required under the California Environmental Quality Act (CEQA) and permitting requirements under the California Coastal Act. CEQA requires for any “public project” — defined broadly as an action requiring a “public agency’s discretionary funding or … Continued
Jurisdiction: United States District Court for the Central District of California Decedent David L. Dunlavey worked as a pipefitter and steamfitter from 1967 to 2006 — including time spent around 1970 working as a pipefitter for University Mechanical and performing work for National Steel and Shipbuilding Company (NASSCO). His employment required him to handle asbestos-containing … Continued
Jurisdiction: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport Decedent Nicolas Barone was diagnosed with mesothelioma in May 2022. His surviving spouse, Kathryn Barone (plaintiff)brought suit in September 2023, following her husband’s death in June of that year. Plaintiff’s third amended complaint alleged the cause of plaintiff’s mesothelioma was asbestos exposure from talc supplied by … Continued
Supreme Court of New York, New York County Plaintiff Raymond Lee, as administrator for the estate of the decedent, Jim Lee filed a lawsuit in the Supreme Court of New York, New York County alleging decedent was exposed to asbestos from his’s employment working around various products. Defendant, Crosby Valves, filed a motion for summary … Continued
Supreme Court of New York, New York County In this asbestos action, Plaintiff Jane E. Wixted, as executrix for the estate of the decedent, Thomas N. Wixted (“Decedent”) filed a lawsuit in the Supreme Court of New York, New York County allegingDecedent was exposed to asbestos from his employment working around various products. Defendant, Crosby … Continued
Court: Supreme Court of New York State, Erie County Plaintiff Ronald McInnis worked as a career union pipefitter from the 1970s-2010s. A native of Chatham, New Brunswick, plaintiff spent the vast majority of his career working at various paper mills, chemical plants, refineries, and power plants throughout New Brunswick, Ontario, and parts of Alberta, Canada. He was … Continued
Jurisdiction: United States District Court for the Middle District of Pennsylvania This is a prisoner civil-rights case filed pursuant to 42 U.S.C. § 1983, regarding the conditions of confinement in Huntingdon State Correctional Institution (SCI-Huntingdon). The case was originally filed as a putative class action by three individual pro-se plaintiffs on behalf of a class of Huntingdon … Continued
California Gov. Gavin Newsom on October 14 signed into law Assembly Bill X2-1, significantly increasing the authority of the California Energy Commission (CEC) to create requirements for the state’s oil refiners to preserve minimum inventories of state-compliant refined transportation fuels. Authored by assemblymembers Gregg Hart and Cecilia Aguiar-Curry in conjunction with Sen. Nancy Skinner, the … Continued
Court: Superior Court of Connecticut, Judicial District of Bridgeport at Bridgeport Connecticut resident Elaine Adelia Hickey (decedent) contracted mesothelioma alleging exposure to asbestos and asbestos-containing talcum products throughout her life. Decedent alleged she personally used talcum products on herself and her children from the 1950s to the 1970s and was also exposed to asbestos from her … Continued
The ELM blog has covered several lawsuits filed over the past several years against major fossil fuel companies by plaintiffs seeking damages due to climate change caused by greenhouse gas emissions. The claims in these lawsuits have been based on not only common law principles such as public nuisance, but also state laws, including California’s … Continued