Real-Time Court Decisions and Other Developments in Asbestos Litigation.
DELAWARE – In a substantial set of cases extensively covered by the Asbestos Case Tracker, Johnson & Johnson and Johnson & Johnson Consumer Inc.’s (J&J) motion to fix venue was ruled on in the District Court of Delaware. The motion requested transfer of approximately 2,400 state court tort cases pursuant to 28 U.S.C. Sections 157(b)(5) and … Continued
DELAWARE – The plaintiff Icom Henry Evans worked as a fireman and boiler tender in the United States Navy from 1957 to 1967. He filed suit and alleged that his fatal mesothelioma was caused in part by exposure to asbestos-containing gaskets and packing that were manufactured, sold, distributed, licensed, or installed by John Crane, Inc. (JCI). … Continued
DELAWARE – The plaintiff initially filed her asbestos-related wrongful death lawsuit in New Jersey claiming the decedent Robert Fish suffered exposure to asbestos during his service as a civilian at New York Shipbuilding and Drydock in Camden, NJ. The court noted the plaintiff specifically alleged the decedent’s exposure from Arnot, a joiner contractor who cut … Continued
DELAWARE – In an appeal of a case reported by the Asbestos Case Tracker blog in August 2018, the Delaware Supreme Court rejected the plaintiffs’ appeal and affirmed the superior court. Briefly, the parties had agreed that Ohio law applied to the case. During the pendency of the action, the Ohio Supreme Court issued its … Continued
DELAWARE – The plaintiff Hickman filed suit against several defendants including Air & Liquid Systems Corp. for its line of Buffalo pumps arguing that he developed asbestosis and asbestos related pleural disease as a result of his work with the defendants’ products while working onboard several ships in the United States Navy. Specifically, the plaintiff … Continued
DELAWARE – The plaintiff Richard Rogers filed suit against multiple defendants in the Superior Court of Delaware, alleging that his exposure to asbestos caused him to develop mesothelioma; he asserted claims for negligence, punitive damages, and conspiracy. The defendant Foster Wheeler removed the case to the district court pursuant to the federal officer removal statute. … Continued
DELAWARE – The plaintiff brought suit against several defendants alleging he developed lung cancer from exposure to asbestos while serving onboard the USS Shangri La and USS Edmonds. The plaintiff passed away prior to giving any deposition testimony. The case was removed to federal court by Crane Co. The defendants moved for summary judgment. The … Continued
DELAWARE — Non-debtors Johnson & Johnson and Johnson & Johnson Consumer Inc. (J&J) filed an emergency motion for provisional transfer, seeking entry of an order directing provisional transfer of approximately 2,400 federal and state personal injury and wrongful death actions, pending the court’s decision on J&J’s motion to fix venue for claims. The motions relate … Continued
DELAWARE — The plaintiff Werner Rath brought suit against several premise defendants including Delmarva Power and Light, Four Star Oil and Gas Company, Texaco, Inc. and Sunoco (defendants) alleging exposure to asbestos while working for Catalytic at worksites owned by the defendants. Specifically, Mr. Rath alleged exposure to asbestos from other trades working around him … Continued
DELAWARE — The plaintiff, Jimmy Crawford, sued Tenneco Automotive Operating Company Inc. (Tenneco), among other defendants, alleging that his lung cancer was caused by asbestos present in Walker automotive mufflers. Prior to his death, the plaintiff testified that he worked at two automotive stations from 1963 to 1965, where he worked with Walker mufflers. He … Continued