Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Eastern District of Virginia, Norfolk Division, March 3, 2022 Plaintiff Jerome Gehant served in the US Navy from 1967 until 1970 on the USS America as a boiler technician. The plaintiff alleges that the insulation, gaskets, insulating cement, and packing on, around, and inside the boilers contained asbestos. He specifically … Continued
U.S. District Court for the Western District Court of New York, April 6, 2021 In this asbestos action, plaintiffs John and Joyce Castro commenced this lawsuit against several talc defendants in February 2019. As per their interrogatory responses, the plaintiff was diagnosed with mesothelioma on February 29, 2016. As to defendant Revlon, the plaintiff’s alleged … Continued
U.S. District Court for the Eastern District of Virginia, April 27, 2020 Plaintiffs Herbert H. Mullinex and Patricia E. Mullinex alleged that Mr. Mullinex was exposed to asbestos from working with sheet gaskets and valve and pump packing manufactured by John Crane, Inc. during his service in the U.S. Navy from 1969 to 1978. John … Continued
VIRGINIA – The plaintiffs, Raegena Boggs and Paul Boggs, residents of Colorado, filed their asbestos personal injury action in Kanawha County, West Virginia against numerous defendants, including Greyhound Lines, a Delaware corporation with a principal place of business in Texas; ArvinMeritor, Inc., an Indiana corporation with a principal place of business in Michigan; Carlisle Companies, … Continued
VIRGINIA – Newport News Shipbuilding Division (NNS) has built ships and submarines for the United States Navy since the late 1800s. Through several transactions, the company came to be owned first by Tenneco, Inc., and later by Huntington Ingalls, Inc. Between 2001 and 2015, NNS was sued in a number of asbestos-related personal injury actions. As part … Continued
VIRGINIA — The State of Virginia recently expanded the potential duty to warn owed for take-home asbestos exposures in the Quisenberry case. The plaintiff Wesley Quisenberry filed suit on behalf of his decedent mother, alleging that her exposure to asbestos while laundering her father’s clothes caused her mesothelioma. The plaintiff’s decedent’s father worked at a … Continued
VIRGINIA – A jury in Norfolk Circuit Court issued a $5 million verdict in favor of the plaintiff Danielle Caraco (plaintiff) on behalf of the decedent Stephen Fowlkes (decedent), finding that the decedent had been diagnosed with asbestosis as a result of his exposure to asbestos-containing railroad brakes during his employment at Norfolk Southern Railway … Continued
VIRGINIA — Following up with a prior ACT post on the Harry Goodrich matter pending in the United States District Court, E.D., Virginia, the Court has issued an omnibus opinion concerning motions in limine. Among other issues decided, the court addressed the plaintiffs’ motion to limit the testimony of defendants’ naval expert, Margaret McCloskey (McCloskey). … Continued
VIRGINIA –The plaintiff brought this suit against John Crane Inc. (JCI) alleging Mr. Goodrich developed an asbestos related disease for which Defendant was liable. The plaintiff moved in limine to preclude JCI from presenting evidence of the alleged “knowledge or negligence of the Navy.” JCI argued that any failure to warn was not a substantial … Continued
Plaintiff CSX Transportation asserted a claim for declaratory relief, after the defendant filed an injury claim for lung cancer, which he claimed was asbestos-related. The defendant had settled a claim against CSX for an asbestos-related injury in 2003, and under the 2003 settlement agreement, he allegedly released CSX from future claims involving asbestos and cancer. The … Continued