Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Eastern District of Louisiana, June 16, 2022 In this asbestos matter, the plaintiffs allege that James Becnel was exposed to asbestos at the Avondale Shipyards in 1965. Recently, several defendants filed summary judgment motions to dismiss the plaintiffs’ state law tort claims, including Becnel’s employer and its insurers. The defendants …
United States District Court for the Eastern District of Louisiana, June 8, 2022 In April 2022, Hopeman filed the instant motion for partial summary judgment arguing that the plaintiffs’ intentional tort claim must be dismissed because they cannot provide evidentiary support that it consciously desired to afflict the decedent with primary lung cancer or knew …
U.S. District Court for the Western District of Pennsylvania, May 27, 2022 In this matter, the plaintiffs allege that decedent Shirley Hilster was exposed to asbestos from contact with her husband’s work clothes and person from laundering his work clothes and spending time in his vehicle. Defendant Eckel Industries, Inc. filed motions for summary judgment …
United States District Court for the Eastern District of Louisiana, May 19, 2022 In this asbestos action, plaintiff Callen Cortez brought state tort claims against Continental Insurance Company, sued in its capacity as the insurer of Halter Marine Services, Inc. The plaintiff worked at Halter Marine from 1974 until 1975, and was subsequently diagnosed with …
United States District Court for the Southern District of New York, May 9, 2022 In this asbestos action, decedent Carlo Badamo served on several vessels during his time as a merchant marine from 1944 to 1955. Thereafter, he alleged that he developed asbestos-related cancer and brought a claim under the Jones Act. Three defendants: Farrell …
United States District Court for the Eastern District of Louisiana, April 18, 2022 In this case, the plaintiff moved for summary judgment as to general causation of his mesothelioma diagnosis. Eight defendants filed five oppositions to the plaintiff’s motion; however, they largely did not challenge the plaintiff’s mesothelioma diagnosis or asbestos as its cause. Rather, …
U.S. Court of Appeals for the Fifth Circuit Plaintiff Leopoldo Mendoza-Gomez worked for 20 years as a laborer for the defendant, Union Pacific Railroad Company. He alleges that, while working for Union, he was exposed to various toxic substances including asbestos, and that he was diagnosed with cancer and asbestosis in 2019. In response to his …
United States District Court for the Eastern District of Pennsylvania, April 1, 2022 The decedent’s widow brought this suit on behalf of the decedent alleging that the decedent’s occupational exposure to asbestos during his time in the Navy is attributable to turbines manufactured by the Westinghosue Corporation. The plaintiff also brought suit against the defendant …
Supreme Court of New York, New York County, March 29, 2022 From 1964 to the early 1970s, the plaintiff worked as a carpenter with his brother-in-law and the Carpenter’s Union, Local 257. From 1969 to his retirement in 2007, he worked as a carpenter at commercial and residential locations throughout New York. The plaintiff was …
The plaintiff, Callen Cortez, was diagnosed with mesothelioma on June 2, 2020. On July 1, 2020, he filed an asbestos-related lawsuit against Avondale and approximately thirty-four other defendants, alleging that he contracted mesothelioma as a result of exposure to asbestos during his employment with various companies, including Avondale, as well as take-home exposure resulting from …