Real-Time Court Decisions and Other Developments in Asbestos Litigation.
LOUISIANA — Lynda Berry alleged that she was exposed to asbestos through the electrical work of her husband, William, at a Louisiana paper mill, causing her peritoneal mesothelioma. William Berry testified that he was present when defendant Foster Wheeler removed and replaced asbestos insulation materials on their boilers, which were installed in the paper mill. The …
CALIFORNIA — On Tuesday, a federal court in California ordered that a group of asbestos talc personal injury cases must be remanded to state court on equitable grounds. Defendant Johnson & Johnson (J&J) had removed these actions to federal court in April on the basis of the pending bankruptcy of its sole talc supplier, Imerys Talc …
South Carolina – A Richland County jury found Johnson and Johnson (J&J) not liable in a South Carolina peritoneal mesothelioma case. The plaintiff Beth Anee Johnson alleged that her and her mother’s use of J&J baby powder over the course of two decades caused her disease. J&J attempted to move the case to Delaware to …
MISSOURI – The plaintiff passed from mesothelioma in 2015 as a result of alleged exposure to asbestos while working at Valley Farm Dairy Company. Specifically, it was alleged that Vincent Hegger encountered lots of industrial equipment, including fireboxes, boilers, and ammonia compressors while working at Valley Farm. Prior to his passing, Hegger and his children …
NEW YORK – The defendant Algoma Hardwoods, Inc. filed a motion for summary judgment in the instant matter, contending via an affidavit signed by its principal that it did not sell or distribute asbestos-core fire doors in the New York metropolitan area where the plaintiff’s decedent worked during the relevant time period and therefore he …
MASSACHUSETTS – On March 30, 2018, the U.S.D.C. for the District of Massachusetts held that Massachusetts’ statute of repose did not apply to asbestos exposure claims and denied the motion for summary judgment of General Electric (GE). The question was without controlling precedent, and was therefore certified to the Massachusetts Supreme Judicial Court. On Mach …
CALIFORNIA – Philip and Febi Mettias, husband and wife, both died of complications caused by mesothelioma. The decedents’ children (plaintiffs) filed suit against various defendants. As part of their allegations, the plaintiffs alleged Philip Mettias performed as many as 24 brake repairs with Bendix brakes, made by Honeywell and purchased at Pep Boys. The jury returned a …
WASHINGTON – The plaintiffs filed suit against several defendants alleging their decedent, Mr. Klopman-Baerselman developed mesothelioma as a result of exposure to asbestos for which the defendants were liable. The case was removed to federal court. Viking Pump (Viking) moved for summary judgment arguing that the plaintiff could not establish the necessary element of causation. …
WASHINGTON — The plaintiff, Donald Varney, filed suit against numerous defendants alleging exposure to asbestos while working as a marine machinist at shipyards in Washington caused his mesothelioma. The complaint was removed to federal court. One day before he passed, plaintiff signed an affidavit stating that he worked with various defendants’ products or products supplied …
WASHINGTON – For approximately seven months in 1971, Gary Cameron worked as a boilermaker at the Centralia Steam Plant in Washington State during its construction, which was completed in 1972. Asbestos-containing thermal insulation was used in building the plant, and Cameron’s estate alleged that his fatal mesothelioma was caused in part by exposures during his …