Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In a case extensively covered by Asbestos Case Tracker, the Western District of Washington considered another defendant, Henry Company LLC’s, motion for summary judgment. The seminal products liability case in Washington, Lockwood v. AC & S, Inc., enumerates seven factors to consider when “determining if there is sufficient evidence for a jury to find that …
WISCONSIN – In an asbestos coverage suit brought by Eaton Corporation against its insurers, Eaton Corporation sought to substitute itself for First State Insurance Company in third-party indemnity and contribution claims brought against First State by other defendant insurers. Eaton and First State had entered into a settlement agreement in which Eaton agreed to defend and …
MINNESOTA – The plaintiff’s decedent passed away from mesothelioma allegedly caused by his exposure to his father’s work clothes and Bendix (Honeywell) brakes. The decedent’s father was an insulator for Walker Jamar and A.W. Kuettel. The decedent also worked for four months in 1974 as a janitor at an Oldsmobile dealership. He was diagnosed with …
NEW JERSEY – After a lengthy discussion of corporate successor liability and the histories of the companies at bar, a New Jersey appellate court ultimately determined that the factual record was too incomplete to resolve questions regarding jurisdiction, and dismissed an appeal of the trial court’s order denying talc defendant Cyprus Amax Minerals Company (Cyprus) …
LOUISIANA – The plaintiff, Charles Merlin Parfait, Sr., alleged that he contracted mesothelioma from exposure to asbestos during his work at the Avondale Shipyards from 1968 to 1978, and sued various defendants in state court in Orleans Parish Louisiana. The plaintiff alleged strict liability claims in his state court petition, but specifically disclaimed strict liability claims …
NEW JERSEY – A New Jersey jury returned a verdict in the amount of $37.3 million dollars against Johnson and Johnson for combined compensatory damages brought by four mesothelioma claimants. The verdict came after three days of deliberations in a trial that lasted almost two months. The jury was tasked with determining whether Johnson and …
NORTH CAROLINA – The Court of Appeals of North Carolina recently upheld the Worker’s Compensation Commission decisions and findings in 144 consolidated cases. Numerous plaintiffs, including Walter Hinson, Charles Wilson, Douglas Epps, and Bobby James Newell, sought compensation under the worker’s compensation statute for alleged asbestos related illnesses for their work at Continental Tire in …
MARYLAND – The plaintiff, Clyde Crowe, developed mesothelioma and sued CSX Transportation and numerous other defendants in the Circuit Court for Baltimore City seeking damages under the Federal Employer’s Liability Act (FELA) due to his exposure to asbestos while employed by CSX. From 1960 to 1969, the plaintiff worked as a railway operator and foreman …
WISCONSIN – The plaintiff, Dale Chapp, filed suit against Colgate Palmolive arguing that his late wife, Ruth Chapp, developed mesothelioma from her use of Cashmere Bouquet talcum powder from approximately 1969-the mid-1980s. The plaintiff also alleged that Ruth Chapp was secondarily exposed to asbestos from laundering his work clothes. Colgate moved for summary judgment. The …
MARYLAND – Three alleged insurers of Tate Andale, Inc., a company that manufactured products containing asbestos and has been made defendant in related personal injury cases, disputed their coverage obligations to Tate Andale. While Hartford Accident & Indemnity Company and Zurich American Insurance Company were defending Tate Andale in the underlying suits, Pennsylvania National Mutual …