Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Western District of Washington, March 16, 2020 WASHINGTON – On March 16, 2020, the U.S. District Court for the Western District of Washington granted summary judgment to defendant, Alcoa, holding that the plaintiff’s claims were barred by the Washington Industrial Insurance Act (WIIA). The plaintiff, Clinton Casey, worked as a …
Supreme Court of Montana, March 11, 2020 MONTANA – The defendant BNSF Railway Company’s (BNSF) appealed the lower court’s decision arguing that the court erred in granting partial summary judgment in favor of the plaintiffs on the issues of preemption, strict liability, and non-party affirmative defenses. As an overview, W. R. Grace acquired the assets …
NEW YORK – The plaintiffs sued dozens of defendants, including Cleaver-Brooks, alleging that Frederick Brown developed an asbestos-related injury as a result of exposure to the defendant’s products. The complaint was filed in July 2017. The plaintiff served answers to interrogatories in October 2017. The responses stated in pertinent part “…While performing my sheet metal …
NEW YORK – On Friday, March 6, 2020, a New York County jury rendered a defense verdict in the matter of Sharon Epstein, Individually and as Independent Administrator of the Estate of Ira Epstein v. Atlas Turner, Inc., et al., an asbestos personal injury and wrongful death action involving the decedent, Ira Epstein, and his …
United States District Court, E.D. North Carolina, Western Division, March 5, 2020 NORTH CAROLINA – On June 9, 2015, Wade Miller Gore (decedent) and Faye Gore (plaintiff) filed an asbestos-related lawsuit in the United States District Court for the Middle District of North Carolina. The complaint alleged that the decedent was exposed to asbestos products while …
United States District Court, S.D. New York, March 3, 2020 NEW YORK – Eugene Paroni, the plaintiff’s spouse, was diagnosed with and died of mesothelioma. The plaintiff alleges that the decedent’s mesothelioma was a result of his asbestos exposure from his work with a turbine manufactured by Ruston Gas Turbines, Ltd. The plaintiff brought suit …
U.S. District Court E.D. of Louisiana, March 4, 2020 LOUISIANA – The decedent, James Leoma Gaddy, filed a petition for damages against various defendants on Sept. 21, 2018 in the Civil District Court for the Parish of Orleans. It is alleged that the decedent was exposed to asbestos while working at International Paper from 1948 …
A string of recent decisions on remand motions illustrates that diversity challenges are alive and well in asbestos litigation. As the landscape of defendants changes as trial approaches, so do the defenses. Whether by settlement or dismissal, the remaining defendant or defendants have taken advantage of diversity issues to remove cases to more favorable federal …
United States District Court, M.D. North Carolina, February 28, 2020 United States District Court for the Middle District of North Carolina recently denied a dryer felt defendant’s motion to dismiss for lack of personal jurisdiction. The plaintiffs filed a lawsuit after William Brock was employed as an electrician and maintenance worker at RJ Reynolds Tobacco …
U.S. District Court, E.D. North Carolina, Northern Division, February 26, 2020 NORTH CAROLINA – On December 21, 2017, the plaintiff, Karen Cahoon filed a complaint alleging state law claims of negligence, breach of an implied warranty, failure to warn and punitive damages against, among others, the defendant, Edward Orton, Jr. Ceramic Foundation. A scheduling order …