Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Western District of New York, July 29, 2020 On February 28, 2019, plaintiffs John Castro and Joyce Castro commenced this products liability action in state court against defendants, including CVS Pharmacy, alleging that Mr. Castro was diagnosed with mesothelioma as a result of his exposure to asbestos from his use of asbestos-contaminated talc products. …
In Hatten v. Grobet United States, the U.S. District Court for the District of Arizona recently ruled on a defendant’s motion to remove the case to federal court. In this case, plaintiff Renee Hatton alleged that as a result of the defendants’ actions, her mother contracted mesothelioma from exposure to asbestos-containing products between 1977 and …
In a case previously covered by Asbestos Case Tracker, the court granted plaintiff’s motion to remand after Avondale removed this case to federal court. In this instant matter, defendant Avondale again removed this case relying on the Fifth Circuit’s opinion in Latiolais v. Huntington Ingalls, Inc., a case in which it overturned the court’s prior …
U.S. District Court for the Eastern District of Louisiana, July 13, 2020 In the instant complaint, Marcela Lopez, the decedent’s wife and Federico Lopez III, the decedent’s surviving child, allege that Federico Lopez was exposed to asbestos-containing products while employed as a welder/pipefitter at Kellog Brown and Root between 1973 and 1986 and that he …
Court of Appeals of Washington, Division One, July 13, 2020 In Noll v. Special Electric Co., the Court of Appeals of Washington, Division One, recently opined on an order of remand regarding the trial court’s dismissal of an action because the court lacked personal jurisdiction over the defendant. The trial court concluded that the plaintiff …
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 …
United States District Court for the Northern District of California In the instant complaint, the plaintiffs allege that Ronald Viale used, handled, or was otherwise exposed to asbestos and asbestos containing products provided by or manufactured by the defendants, that he contracted the terminal cancer, mesothelioma as a result of such exposure, and that, in July 2018, …
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 …