Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of New York, New York County, July 1, 2020 Glynnis Gale DeKlerk (the decedent) was born in South Africa in 1951 and lived there until 2017, when she and her husband moved to the United Kingdom. She was diagnosed with malignant mesothelioma in February of 2018 and died on January 20, 2019. The …
Supreme Court of New York, New York County, June 25, 2020 The plaintiff, Carletto Lamenta (the decedent), was diagnosed with lung cancer in October of 2017 and subsequently filed this lawsuit alleging his injuries were a result of his occupational exposure to asbestos. The decedent’s deposition took place over the course of seven days, during …
U.S. District Court for the Eastern District of Louisiana, July 6, 2020 In Lopez v. McDermott, Inc., pending in the U.S. District Court for the Eastern District of Louisiana, Exxon Mobil moved for summary judgment. In the operative complaint, the plaintiffs allege that Mr. Lopez (the plaintiff) was exposed to asbestos-containing products while employed as …
Superior Court of Delaware, New Castle, July 1, 2020 A Delaware lower court has determined that an affidavit signed by a deceased plaintiff is admissible under that state’s “residual exception” to hearsay rules. Specifically, in Ogg, the plaintiff signed an affidavit regarding his work history prior to being hospitalized for end stage pulmonary fibrosis. After …
Supreme Court of Minnesota, July 1, 2020 In 2009, Gary Palmer’s (the decedent) pulmonologist informed him that he had calcium deposits on his lungs due to asbestos exposure. On December 24, 2011, the decedent was diagnosed with mesothelioma and in January 2012, he learned that asbestos exposure had caused his mesothelioma. The decedent passed away on March 1, 2015. …
Court of Appeals of Tennessee, Nashville, June 30, 2020 A jury trial was conducted on behalf of the plaintiff, Lois Irene Davis, who sued multiple companies alleging her husband, James William Davis (the decedent), was exposed to asbestos-containing materials at his workplace which caused him to develop mesothelioma and die. Prior to the start of …
U.S. District Court for the Eastern District of Louisiana The plaintiff, Patricia Jackson, alleges asbestos exposure while employed by Avondale Shipyard between 1970 and 1977. She further alleged asbestos exposure from father’s work clothing while he was employed by Avondale between 1962 and 1975. The plaintiff filed suit against numerous defendants including Huntington Ingalls Incorporated, Albert …
Court of Appeal of California, First Appellate District, June 29, 2020 In Estes v. Eaton Corp., 2020 Cal. App. LEXIS 594, the Court of Appeal of California, First Appellate District reversed an order granting a new trial, and affirmed a defense verdict for Eaton Corporation. In this case, the jury heard the trial court case, …
Supreme Court of New York, New York County Plaintiffs brought the instant action alleging the decedent, Thomas Fahey, was exposed to asbestos from his work in a variety of ways including his work with transformers and electric panels. Specifically, it is alleged that the defendants’ electrical panels and transformers were insulated with asbestos materials or …
U.S. District Court for the District of Maryland, June 12, 2020 Family members (plaintiffs) of the decedent Cynthia Cartwright alleged exposure to asbestos-containing talcum powder attributed to defendants Cyprus Amax Minerals Company, Avon Products Inc., and Johnson & Johnson Consumer Inc. (JJCI), which the plaintiffs claim resulted in the decedent’s fatal mesothelioma. The plaintiffs initially …