Real-Time Court Decisions and Other Developments in Asbestos Litigation.
A string of recent decisions on remand motions illustrates that diversity challenges are alive and well in asbestos litigation. As the landscape of defendants changes as trial approaches, so do the defenses. Whether by settlement or dismissal, the remaining defendant or defendants have taken advantage of diversity issues to remove cases to more favorable federal … Continued
DELAWARE — The plaintiff’s decedent, Marchie Dolley, a lifetime non-smoker, passed from lung cancer. The sole product identification witness was his son, Ringo, who testified about his father’s work as a truck mechanic at Ryder Truck Rental and General Truck Delivery. Ringo visited his father at the former job and later worked with him at … Continued
The plaintiff filed suit against defendants including Norfolk Southern Railroad Company (NSRC), alleging his decedent, Aaron Cole, developed lung cancer as a result of his work as a machinist for NSRC. NSRC sought dismissal based on the fact that Cole had previously released NSRC from future liability in May of 2000. Originally, Cole filed suit … Continued
In this case, the plaintiff claimed that he was exposed to asbestos and contracted mesothelioma from products allegedly manufactured, supplied, installed, and/or distributed by numerous defendants. The plaintiff asserted in the complaint that he served in the U.S. Navy from 1962–66 but provided the disclaimer that the “[p]laintiff was not exposed to asbestos and is … Continued