Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Plaintiff Lori LoGiudice developed mesothelioma and brought suit, alleging her disease was caused by her use of asbestos-containing Cashmere Bouquet talcum powder made by Colgate-Palmolive. The only other defendants were suppliers of asbestos-containing talc to Colgate. After the Special Master denied certain discovery requests made by the plaintiff, the plaintiff moved for relief. The court …
Plaintiffs Patrick and Joy Demartino brought suit against various defendants after Patrick Demartino developed mesothelioma. Defendant Aurora Pump Company moved for summary judgment, arguing that it did not use or sell external asbestos-containing gaskets. The court denied this motion. It was undisputed that during the plaintiff’s time of alleged exposure to Aurora pumps while working …
Decedent John Pisano executed three affidavits regarding Sears products after he was diagnosed with mesothelioma; he died three months after his diagnosis and was never deposed. The affidavits detailed the decedent’s use of floor tile, ceiling tile, and mastic purchased from Sears. Defendant Sears, Roebuck and Co. moved for summary judgment on various bases. The …
Plaintiff Marvin Smith alleged asbestos exposure while serving as a fireman in the U.S. Navy from 1951-54, and while working as a fireman and warehouseman at various shipyards and warehouses. The plaintiff and his wife sued various defendants in state court after he was diagnosed with pleural mesothelioma. Defendant Crane Co. removed this mesothelioma case …
The plaintiff brought this suit against numerous defendants including Ford Motor Company. She alleged that the decedent developed and passed from mesothelioma as a result of exposure to dust from products manufactured, sold, and distributed while Mr. Bristol worked as a mechanic at a Ford dealership from 1972-1989. Ford removed the case a day after …
The plaintiffs contended that their decedent was exposed to asbestos while working as a machinist at a shipyard owned by Electric Boat Corporation from 1962-65. At the close of discovery, a period in which several discovery motions were filed, the plaintiffs filed this motion for spoliation of evidence. The plaintiffs asserted that Electric Boat spoliated …
The plaintiffs’ brought this action against Electric Boat and General Dynamics for their decedent’s alleged development of mesothelioma as a result of his work as a machinist at the defendants’ shipyards. The plaintiffs sought depositions of the corporate representatives of both Electric Boat and General Dynamics since Electric Boat operated as a division of General …
The plaintiffs, Nolan and Susan Legeaux, brought a motion to remand their asbestos case from federal court arguing that removing defendants failed to follow the correct removal procedure, that there are non-diverse defendants, and that the federal officer removal statute, 28 U.S.C. § 1442, is not applicable to the facts of the case. The motion …
Plaintiff-Decedent William Holzworth filed suit against various defendants in the New York Supreme Court on July 9, 2012 alleging personal injuries pursuant to his diagnosis of mesothelioma allegedly caused by his occupational exposure to asbestos. Specifically, Holzworth alleged exposure to asbestos-containing products during this employment, both as a sonarman serving in the U.S. Navy between …
The plaintiffs filed a motion for leave to file an amended complaint to add Taylor-Seidenbach, Inc., a non-diverse defendant, and to reflect additional facts and information. The court denied the plaintiffs’ motion. This case was originally filed in state court and removed to federal court by defendants Puget Sound Commerce Center, Vigor Industrial LLC, and …