Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Western District of Washington In this asbestos action, the plaintiff alleges that decedent David Welch’s mesothelioma was caused by his exposure to asbestos from his service in the U.S. Navy aboard the USS Carronade and the USS Princeton. The plaintiff filed a complaint against defendants Crane Co. and Velan Valve …
Court Jurisdiction: Supreme Court of the State of New York, New York County (NYCAL) In this asbestos case, decedent, Richard Robinson passed away immediately after the commencement of the instant action. One of the defendants, Tishman Liquidating Corporation was not identified in plaintiff’s answer to interrogatories. However, during the discovery deposition of Roddy Davis, a …
U.S. District Court for the Eastern District of Pennsylvania The plaintiff’s decedent, Alfred Broderick, was allegedly diagnosed with asbestosis in March 2018, which he claimed was caused by exposure to asbestos. Mr. Broderick and his wife filed suit in the Philadelphia Court of Common Pleas in July 2018, and their case was removed to federal …
Court: Supreme Court of New York, Erie County In this asbestos matter, plaintiffs claimed that decedent, Jeffrey Campise, was exposed to asbestos through consumer talcum powder products. Plaintiffs filed suit against a number of manufacturers of cosmetic-talc products, along with Whitaker, Clark & Daniels (WCD), as an alleged supplier of talc to the aforementioned manufacturers. WCD …
Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit In April 2018, Emily Everett complained to her primary care physician of severe abdominal swelling. After extensive workup, Everett received a diagnosis of mesothelioma. She attributed the diagnosis to laundering her husband’s work clothes over a 20-year period when he worked as a journeyman welder and boilermaker. She filed a …
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 …
Court: Supreme Court of New York, New York County In this asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment on the grounds that it is not responsible for any of the three job sites for which the plaintiff identified the company as the general contractor, and, therefore, is not liable for any injury …
Court: Supreme Court of the State of New York, Nassau County In this asbestos action, plaintiff Donna Daniell alleged asbestos exposure from working near auto mechanics, including her husband, Robert, while they used asbestos-containing products. She also alleged asbestos exposure from laundering her husband’s work clothes. She contends that she developed lung cancer from these exposures. Defendant …
Court: United States District Court for the Northern District of California This asbestos-related lawsuit alleges that the decedent, Roberto Elorreaga, developed mesothelioma from exposure to asbestos-containing products while working aboard the USS Rupertus (DD-851) from October 1959 to January 1960 as a machinist mate, and the USS Cowell (DD-547) from October 1960 until February 1963 as a fireman’s apprentice and …
In this asbestos-related lawsuit, the defendant, Structure Tone, filed for summary judgment arguing that the plaintiff failed to establish that he was exposed to asbestos from working with or near products used by Structure Tone on jobsites. In support of its motion, Structure Tone cited its answers to site-specific interrogatories that stated itdid not use asbestos–containing materials on the …