Real-Time Court Decisions and Other Developments in Asbestos Litigation.
It all started in the early 40’s, when the smog was so bad in California that visibility was measured in city blocks, and people suffered from nausea, stinging eyes, and difficulty breathing. By the 50’s, the California government had shut down some refineries and smoke-stack power plants, but the smog persisted. Finally, chemists discovered that … Continued
As reported to our readers in August 2023, the California Supreme Court in Chevron U.S.A., Inc. v. County of Monterey, (2023) Cal. LEXIS 4349, struck down a Monterey County initiative that would have banned oil and gas drilling and imposed stiff restrictions on oil and gas developments in the county. The decision brought an end … Continued
Court: Supreme Court of New York, New York County In this action, plaintiff June Savianeso alleges that decedent Michael Savianeso was exposed to asbestos from the products of various defendants. Decedent passed away without giving deposition testimony. Subsequently, decedent’s brother, James, provided seven days of testimony. As pertinent to this motion, James testified that he … Continued
Jurisdiction: United States District Court for the Southern District of Florida Decedent John McCabe died from malignant epithelioid mesothelioma in January 2023, following a career as an aircraft mechanic. His estate initiated this action, alleging strict products liability and negligence against dozens of defendants, including Curtiss-Wright. Curtis-Wright moved for summary judgment, arguing that plaintiff failed to submit … Continued
Jurisdiction: United States District Court for the Middle District of North Carolina Marshall E. Pike worked in the farm-equipment manufacturing and maintenance field for the duration of his 55-year career. This included performing maintenance on fertilizer spreader and sprayer pumps at multiple companies. In September 2021, Pike was diagnosed with mesothelioma and commenced this action. His estate continued … Continued
Jurisdiction: United States District Court for the Central District of California In this action, the plaintiffs filed suit on behalf of the decedent, William Banks, in Los Angeles County Superior Court and thereafter removed the case to federal court. The plaintiffs pursued survival and wrongful death causes of action based on Banks’ alleged exposure to … Continued
Court: Supreme Court of the State of New York, New York County (NYCAL) This asbestos matter involves a motion filed by plaintiff to consolidate two asbestos actions. In New York, “when actions involving a common question of law or fact are pending before a court, the court, upon motion . . . may order the … Continued
Court: Supreme Court of South Carolina In this mesothelioma matter, the Supreme Court of South Carolina granted a writ of certiorari to review decisions of the South Carolina Court of Appeals affirming (1) the trial court’s denial of Scapa Waycross Inc.’s motion for judgment notwithstanding the verdict based on the insufficiency of the evidence as … Continued
Court: Court of Appeals of Texas, Fourteenth District, Houston In this asbestos action, a Texas Appellate Court reversed and remanded the grant of a no-evidence summary judgment motion as to defendant Howmet Aerospace Inc., f/k/a Arconic, Inc., f/k/a Alcoa, Inc. (“Alcoa”). The surviving husband and children of decedent Carolyn Burford asserted wrongful death and survival … Continued
Court: United States District Court for the Eastern District of Louisiana In this asbestos action, plaintiff Ted Matherne Sr. worked at the Avondale Shipyards. In addition, defendant Hopeman Brothers Inc. placed Micarta from Westinghouse “as a component part of the composite wall and bulkhead panels it suppled to Avondale for use aboard ships.” Defendant Paramount … Continued