Real-Time Court Decisions and Other Developments in Asbestos Litigation.
MARYLAND — The Maryland Court of Appeals reversed the decision of the Court of Special Appeals in the matter of Duffy v. CBS Corporation, making two holdings relating to Maryland’s Statute of Repose. First, the court held that an injury related to asbestos exposure that underlies a cause of action for personal injury or wrongful death …
MASSACHUSETTS — The plaintiffs allege that the decedent, Wayne Oliver, developed mesothelioma from bystander exposure to asbestos during his work as a pipe inspector on the construction of two power plants in the 1970s. Defendant General Electric Company (GE) specified and produced steam turbine-generators for the power plants, and supervised their installation. Defendant NSTAR, formerly …
WASHINGTON — In this case, the plaintiff had already presented testimony from occupational and environmental medicine physician, Dr. Carl Brodkin, on the impacts of asbestos on the body. The plaintiff then was looking to call Dr. Arnold Brody to also provide expert opinion on this subject. The defendant objected, arguing that both experts testimony is substantially …
SOUTH CAROLINA — In this mesothelioma case, the plaintiff, James Chesher, sued alleging asbestos exposure while serving as a machinist mate and commissioned officer in the Navy from 1965 to 1989. Defendant Crane had moved for and was denied summary judgment. However, Crane’s motion to preclude the plaintiff’s causation expert, Dr. Carlos Bedrossian, was granted. …
TEXAS — Plaintiff Leonard Baca alleged that while working for defendant BNSF’s predecessor in interest, he was exposed to asbestos, causing him to develop asbestosis. The plaintiff retained an expert, Dr. Alvin Schonfeld, a pulmonogist, who provided a report in which he concluded that Baca’s asbestosis was causally related to his exposure to asbestos during …
DELAWARE — Appellants Honeywell and Ford filed a request seeking unlimited access to thousands of exhibits (2019 Exhibits) filed in nine Delaware bankruptcy cases commenced in connection with the debtors’ asbestos-related liabilities (Consolidated Cases). All but one of the nine Consolidated Cases was closed. The appellants argued they were entitled to indefinite access to the …
WASHINGTON — Decedent Donald Varney alleged that he developed mesothelioma from ambient exposure to defendants’ products while working in various positions at Puget Sound Naval Shipyard in Bremerton, WA, and at Hunters Point Naval Shipyard in San Francisco, CA. Defendants Taco, Inc. and Aurora Pump Company filed identical Motions to Strike and Motions to Dismiss, …
PENNSYLVANIA — Decedent Ernest Schrader alleged that he developed mesothelioma from exposure to asbestos from dozens of products during 40 years of working in a DuPont facility in Delaware. Pipe manufacturer Ameron International Corporation was the lone defendant at a two week trial in state court in Philadelphia. Earlier this week, the jury determined that …
LOUISIANA — In this case, the plaintiff filed suit in the Civil District Court for the Parish of Orleans, State of Louisiana, alleging the Decedent William Leech was diagnosed with mesothelioma on January 11, 2016 and passed away on January 14, 2016. The plaintiff further alleges the decedent was a construction engineer who worked with …
PENNSYLVANIA — The U.S. District Court for the Middle District of Pennsylvania held that the defendants were subject to general personal jurisdiction due to the consent provision in Pennsylvania’s long-arm statute. The facts are as follows: the plaintiff, Thomas Gorton, alleged he developed mesothelioma as a result of his work at various phone companies and …