Real-Time Court Decisions and Other Developments in Asbestos Litigation.
PENNSYLVANIA — The Pennsylvania Superior Court, in an unpublished opinion, recently declined to extend the statute of limitations for workplace exposure claims brought by employees. Since the Tooey case was decided in 2013, Pennsylvania law has allowed employees to bring lawsuits against their employers if the diagnosis of an occupational disease occurred more than 300 …
CALIFORNIA — The plaintiff’s decedent’s second trial related to claims that Johnson & Johnson’s (J&J) talcum powder products caused her mesothelioma ended a mistrial on Thursday, November 15, 2018. The plaintiffs filed suit against fifteen companies in May of 2017, alleging that exposure to asbestos caused the thirty year old attorney to develop mesothelioma. The plaintiff’s …
In a brief opinion, a New York appellate court held that an insurance policy covered injuries arising out of operations performed during the policy period, and therefore was not limited to injuries that actually occurred during the policy period. This meant that coverage was triggered under the policy by claims arising from use of spray-on …
SOUTH CAROLINA — A federal court in South Carolina granted the summary judgment motion of defendant E.I. du Pont de Nemours and Company (DuPont) on the theory that DuPont was a statutory employer, and South Carolina Workers Compensation law provided the exclusive remedy for the plaintiff. For at least two years in the 1960s, decedent Jerry …
CALIFORNIA — On November 14, 2018, before the Honorable Timothy Canning, a Northern California state jury returned a defense verdict in favor of Johnson & Johnson (J&J). The jury found the defendant not liable for the plaintiff Carla Allen’s mesothelioma. The plaintiff initially filed suit earlier this year, pleading both negligence and strict liability causes …
NEW JERSEY — The New Jersey Supreme Court will review whether a recent judgment reduced by allocation amongst 9 companies should be retried. The judgment was rendered in favor of a widow, Donna Rowe, whose husband died of mesothelioma. Mr. Rowe allegedly came into contact with asbestos products while repairing and installing heating equipment. Several …
MARYLAND – Concetta Schatz’s (Mrs. Schatz) children (Appellants) commenced a lawsuit against John Crane, Inc. (JCI), alleging that Mrs. Schatz’s husband handled asbestos-containing JCI products while at work and wore his asbestos-covered clothing home for Mrs. Schatz to launder, thereby exposing her to asbestos, resulting in her mesothelioma diagnosis and eventual death. At the close …
WASHINGTON – In a case of first impression, the Washington Supreme Court adopted Section 400 of the Restatement (Second) Torts, recognizing a manufacturer’s liability for claims arising prior to the 1981 Product Liability and Tort Reform Act, and assessing such liability by applying the objective reliance test, which requires viewing all of a defendant’s relevant …
WASHINGTON — The plaintiffs filed suit against Maersk Line alleging their decedent, Mr. Klopman-Baerselman, was exposed to asbestos from 1955-1959 while working as a merchant marine onboard the Rotterdam Lloyd. The plaintiffs named Maersk as a successor in interest to the Royal Rotterdam Lloyd. The defendant moved for summary judgment arguing that it had no …
NORTH CAROLINA – The plaintiffs Everett VanHoy and Lucille VanHoy (plaintiffs) filed this personal-injury action against multiple defendants, including American International Industries (AII), alleging the plaintiff Everett VanHoy’s (Mr. VanHoy) mesothelioma was caused by his exposure to a variety of asbestos-containing products throughout his life. AII moved to dismiss, under Rule 12(b)(6), the plaintiffs’ complaint …