Real-Time Court Decisions and Other Developments in Asbestos Litigation.
NEW YORK – On Nov. 29, 2016, the plaintiffs, Anna and Guido Nocelli, both citizens of New York, filed an action in the Supreme Court of New York alleging 11 causes of action related to Anna Nocelli’s, alleged asbestos-related disease. The initial complaint named multiple defendants, including the Union Carbide Corp., that were citizens of …
MISSOURI – O’Reilly Auto Enterprises, LLC succeeded to the interests of Grand Auto, Inc., and O’Reilly was named as a defendant in several asbestos-related personal injury actions as a result. Industrial Indemnity had issued two insurance policies covering such claims to Grand Auto, and U.S. Fire had succeeded to Industrial Indemnity’s interests. As a result prior …
The past three years have seen the scope of personal jurisdiction challenges expand on a national level, and Pennsylvania is no exception. Two areas in particular in Pennsylvania, jurisdiction by consent and jurisdiction by registration, have been tackled by both the state and federal courts in the Commonwealth. There have been inconsistent rulings in the courts, and …
LOUISIANA – The plaintiff, Denis Schexnayder, alleged that he contracted lung cancer as a result of exposure to asbestos from multiple defendants, including Avondale. The plaintiff brought suit against Avondale for its failure to warn about asbestos hazards and provide adequate safety equipment and procedures. The plaintiff alleged that he and his father performed work …
PENNSYLVANIA – A personal injury lawsuit was filed in the court of common pleas of Philadelphia County in April 2016 on behalf of the decedent, Diane Shields. Thereafter, it was removed to federal court. The complaint alleged common law causes of action for negligence, wrongful death and survivorship claims due to the decedent’s exposure to asbestos through …
LOUISIANA – The United States District Court for the Eastern District of Louisiana has granted a public university’s motion to dismiss a mesothelioma case pursuant to immunity provided by the Eleventh Amendment to the United States Constitution. The plaintiff, Carey Gomez, alleged that he was exposed to asbestos from several sources throughout his lifetime, including …
ILLINOIS – On December 19, 2019, the Illinois First District Appellate Court affirmed $4.89 million verdict rendered in favor of deceased pleural mesothelioma claimant, Patrick O’Reilly, against the defendant, John Crane, Inc. The decedent O’Reilly was a union pipefitter from 1957 to 1998, and alleged that he was exposed to asbestos from replacing and installing …
TEXAS – In Union Carbide Corporation and GST Settlement Facility v. Oscar Torres and Dora Torres, the Court of Appeals of Texas, Corpus-Christi-Edinburg ruled on an appeal filed by appellants GST Settlement Facility, successor-in-bankruptcy to Garlock Sealing Technologies LLC and Union Carbide Corporation (UCC) following a jury trial in favor of appellees. The appellees lawsuit …
WASHINGTON – On December 12 and December 16, 2019, the United States District Court for the Western District of Washington issued summary judgment decisions for defendants Honeywell International, Inc. Honeywell and Foster Wheeler Energy Corporation respectively, in the Estate of Rudie Klopman-Baerselman matter. In brief, the court denied summary judgment to Honeywell, and granted summary …
CALIFORNIA – On December 16, 2019, after a day-and-a-half of deliberations following a trial that had begun in October, a Los Angeles, California jury rendered a defense verdict in favor of defendant, Johnson & Johnson (J&J), finding that it was not liable for the plaintiff, Pui “Amy” Fong’s mesothelioma. Fong, a mother of two who …