Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court: Court of Appeals of Tennessee, At Jackson Plaintiff Annie Dowdy is a former employee of defendant BNSF Railway Company. She filed suit against BNSF under the Federal Employers’ Liability Act (“FELA”), alleging that BNSF negligently failed to provide a reasonably safe work place, and claiming that occupational exposure to diesel exhaust and asbestos caused … Continued
Supreme Court of Tennessee at Knoxville, January 4, 2021 On January 4, 2021, the Supreme Court of Tennessee handed down its long-awaited decision in the Coffman matter, and on an issue of first impression, adopted the bare metal defense under Tennessee law. By way of background, the trial court in Coffman granted summary judgment to … Continued
Court of Appeals of Tennessee, Nashville, June 30, 2020 A jury trial was conducted on behalf of the plaintiff, Lois Irene Davis, who sued multiple companies alleging her husband, James William Davis (the decedent), was exposed to asbestos-containing materials at his workplace which caused him to develop mesothelioma and die. Prior to the start of … Continued
TENNESSEE –The plaintiff, Shawnee D. Douglas, filed a lawsuit in the Circuit Court of Hamilton County, Tennessee against Johnson & Johnson Consumer, Inc., f/k/a McNeil-PPC, Inc. and Imerys Talc America, Inc., f/k/a Luzenac America, Inc., alleging she was exposed to the defendants’ asbestos-containing or asbestos-contaminated talc. On September 26, 2017, Johnson & Johnson removed the case to the … Continued
TENNESSEE – The plaintiff Donald Coffman worked at the Tennessee Eastman chemical plant from 1968 until 1997, mostly as a mechanic. In that capacity, he was responsible for repairing and replacing pumps, valves, steam traps and piping. Repairs were quite frequent due to the corrosive nature of the acid being used at the plant. The … Continued
TENNESSEE — The plaintiff filed suit against Norfolk Southern Railroad Company (Norfolk) under the Federal Employer’s Liability Act (FELA) alleging he developed lung cancer as a result of occupational exposure to asbestos. Specifically, the plaintiff worked as a brakeman, trainman, and locomotive engineer from 1965-1999. The plaintiff passed from lung cancer in 2003 and his … Continued
In this secondary exposure case alleging mesothelioma, defendant Ford Motor Company appealed after the jury rendered a verdict against it for $3.4 million. The appellate court vacated the trial court’s judgment on the jury verdict and remanded the case because the jury verdict form was defective, in that it omitted two necessary questions in product … Continued
In this case, the plaintiff filed the lawsuit in United States District Court for the Middle District of Tennessee, Nashville Division, based on his residence. Seven of the defendants moved to dismiss for lack of personal jurisdiction, which caused the plaintiff to move for a transfer of venue to Louisiana. The court found that Louisiana had … Continued
In this case, the plaintiff worked and lived in the state of Tennessee for his entire life, with the exception of one year living in Maryland while working at Bethlehem Steel. The majority of his asbestos exposure occurred in Tennessee, which is also where he was diagnosed and treated for mesothelioma. The court had previously granted the motions of … Continued