Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The plaintiffs alleged Maynard Herman contracted mesothelioma due to occupational asbestos exposure. Defendants removed on the basis of diversity, and the plaintiffs moved to remand. The court granted the remand. The defendants argued that defendant Ametek, Inc., although a citizen of Pennsylvania, was fraudulently joined to defeat diversity. The plaintiffs argued Ametek was not fraudulently …
Plaintiff Margaret Rublee appealed the summary judgment dismissal against defendant Pfizer, Inc. The decedent, Vernon Rublee, was a machinist at the Puget Sound Naval Shipyard from 1965-1980 and died of mesothelioma in 2015. The appellate court affirmed summary judgment for Pfizer. While at the shipyard, he worked on steam turbines with asbestos lagging. In replacing …
In December of 2010, a Philadelphia jury awarded a verdict in the amount of $14.5 million to the widow, and executrix of the estate, of James Nelson. Nelson had previously developed mesothelioma and passed away at age 54 in 2009. The defendants appealed the verdict, arguing that the plaintiff failed to meet the sufficient standard …
The plaintiff filed a petition for damages in the 18th Judicial District Court for the Parish of Iberville on February 23, 2017, and named Avondale, among others, as a defendant. The plaintiff alleged he contracted mesothelioma during his employment with Avondale caused by “dangerously high levels of toxic substances, including asbestos and asbestos containing products, in …
The plaintiff filed a motion to remand for lack of subject matter jurisdiction in the United States District Court in the Northern District of California. The plaintiff, Joseph Thrash, alleged he was diagnosed with mesothelioma in September 2016, and was exposed to asbestos while he worked on B-52, C-141, and C-5 airplanes in the United …
The plaintiffs filed suit against several defendants including Avondale alleging that their decedent, Ms. Blouin, contracted mesothelioma after washing the laundry of her husband’s work clothes. Victor Blouin worked as an electrician for Avondale onboard two government vessels from April 1972 until August 1972. The plaintiffs’ claims were brought in negligence and not for strict …
Plaintiff Donald Noll sued a number of manufacturers, sellers, and suppliers of asbestos and asbestos-containing products, including Special Electric. Noll alleged that he developed malignant mesothelioma from exposure to asbestos when he worked construction in Washington between 1977 and 1979 cutting asbestos-cement pipes. Those asbestos-cement pipes were manufactured by CertainTeed Corporation, and CertainTeed received most …
The plaintiff appealed the trial court’s granting of the defendant’s motion for summary judgment on successor liability. This suit involves the plaintiff’s exposure to asbestos from his work in Portland shipyards during the 1950s. The defendant moved for summary judgment on the ground that any of its liabilities “that may have existed prior to 1965 …
In a consolidated matter, three of the plaintiffs, Diane Jacobs, Katrina Masephol, and Janice Seehar (the Weyerhaeuser plaintiffs), filed claims against various defendants after developing mesothelioma. Each had worked for Weyerhaeuser for years in close contact with asbestos. As such, in order to get around Wisconsin’s Workers Compensation Act, Wis. Stat. § 102.03(2), which provides …
Plaintiff Ruth Williams filed suit against multiple defendants, including Akron Gasket, as a result of her late husband’s development of mesothelioma. Specifically, the plaintiff alleged that Mr. Williams was exposed to asbestos tape made by Akron while working at PPG Industries and Goodyear Tire and Rubber. Summary judgment was granted in favor of Akron. The …