State Archives

Category: State

October 9, 2024 • Expert Testimony, Louisiana

Plaintiffs’ Motion in Limine to Exclude Defendants’ Expert Denied

Jurisdiction: United States District Court for the Eastern District of Louisiana This case involves claims of asbestos exposure. Plaintiff Robert Stephen Sentilles initiated this action asserting negligence and strict liability claims against several defendants. Mr. Sentilles specifically claimed having asbestos exposure due to, among other things, working at various Navy shipyards involving insulation, asbestos blankets, … Continued

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October 4, 2024 • Louisiana, Summary Judgment

Court Denies Plaintiff’s Attempt to Reinstate Prior Claim of Post 1969 Exposure

U.S. District Court for the Eastern District of Louisiana Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma in October 2020. He filed his suit asserting negligence and strict liability claims against several defendants, including Avondale. Plaintiff alleged his illness was the result of asbestos exposure from the 1950s to the 1980s. More specifically, he alleged … Continued

September 30, 2024 • North Carolina, Summary Judgment

Multiple Motions Granted in Part for Summary Judgment and to Strike Evidence

United States District Court for the Northern District of California In this wrongful death action, it is claimed that Decedent William Ankiel Jr. had exposure to asbestos-containing equipment during his service aboard a Navy vessel. Mr. Ankiel served in the U.S. Navy as a boiler room technician aboard the USS Hollister from October 1975 to April … Continued

September 30, 2024 • Expert Challenges, Louisiana

Plaintiffs’ Appeal to Reverse Defendants’ Daubert Motion In Limine was Granted

Court of Appeal of Louisiana, Fourth Circuit In this action, plaintiff Climmie Craft filed suit in this matter asserting that she contracted asbestos-related lung cancer as a consequence of her take-home exposure to asbestos while laundering the asbestos-contaminated clothing of her husband, Jerry Craft. Mrs. Craft alleges that her husband was exposed to asbestos while … Continued

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September 19, 2024 • California

California May Put Its Historic Climate Disclosure Laws on Hold

In an update to the Environmental Law Monitor’s continuing coverage of California’s historic climate disclosure laws, California State Sen. Scott Weiner put forth on August 13 proposals to Senate Bill 219 that would delay the effective date of the Golden State’s 2023 emissions and climate-related financial risk corporate disclosure laws. As our readers may remember, … Continued

September 19, 2024 • Ohio, Settlements

Is a Settlement of the Ohio Train Derailment Environmental Incident Imminent?

On September 13, plaintiffs in the U.S. District Court for the Northern District of Ohio action pending against Norfolk Southern arising out of last year’s train derailment and toxic chemical spill in East Palestine filed a motion seeking final approval of a $600 million settlement. The settlement includes a $162 million attorneys’ fees payment. The … Continued

September 10, 2024 • Asbestos Exposure, Louisiana, Motion to Remand

Court Rejects Motion to Remand Asbestos Exposure Case to State Court

Jurisdiction: United States District Court for the Eastern District of Louisiana Plaintiff Irma Lee LaGrange filed a motion in this asbestos action seeking the court to decline supplemental jurisdiction and remand to state court. Defendants Huntington Ingalls Inc. (Avondale), Hopeman Brothers Inc. and other defendants opposed the motion to which LaGrange filed a reply. LaGrange … Continued

September 4, 2024 • South Carolina, Verdict

South Carolina Jury Returns $63.4M Plaintiff Verdict in Talc Trial

Court: Circuit Court of South Carolina, Fifth Judicial Circuit A South Carolina jury Aug. 16 returned a $64.4 million plaintiff’s verdict against product manufacturer Johnson & Johnson and supplier American International Industries. Plaintiff Michael L. Perry filed a lawsuit against numerous defendants, alleging that he developed mesothelioma from exposure to asbestos through his personal use … Continued

August 29, 2024 • EPA, Louisiana

EPA Disparate Impact Assessments Permanently Halted by Louisiana Federal Court

On August 22, the U.S. District Court for the Western District of Louisiana permanently blocked the United States Environmental Protection Agency and the U.S. Department of Justice from implement Civil Rights Act Title VI “disparate impact” regulations within the state of Louisiana. Disparate impact assessments are typically undertaken by the federal government when determining harms … Continued

August 28, 2024 • Causation, Motion to Dismiss, New York, Summary Judgment

Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham Company moved to dismiss the action on the basis that plaintiff failed to establish causation. Defendant Vanderbilt Minerals LLC jointed Durham’s motion to dismiss, … Continued