Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Court of Appeals of Iowa, March 17, 2021 The decedent, Charles Beverage, was employed as an independent contractor at an aluminum plant between the 1950s and the mid-1970s. After his passing in October 2015, the decedent’s estate filed a products liability suit against several the defendants alleging the decedent was exposed to asbestos during his employment, and …
Supreme Court of New York, New York County, March 10, 2021 Defendant Gare Incorporated filed this instant motion for summary judgment pursuant to CPLR 3212. The plaintiffs allege that Lorraine Berger’s (the decedent) June 22, 2018 diagnosis of mesothelioma was causally connected to her asbestos exposure from Gare asbestos-containing products. Gare’s motion contends that Gare …
Supreme Court of New York, New York County, March 11, 2021 Defendant Vanderbilt Minerals LLC filed this instant motion for summary judgment, pursuant to CPLR 3212, dismissing all claims and causes of action, including any and all cross claims, against Vanderbilt or in the alternative granting partial summary judgment in favor of Vanderbilt as to any …
Decedent Gene Sponcler worked for over 40 years for defendant BNSF Railway Company and its predecessor in interest as a laborer, brakeman, and conductor. The decedent was diagnosed with kidney cancer in late 2010 (the exact date is disputed by the parties) and passed away on January 25, 2016. The decedent’s wife filed this action …
U.S. District Court for the Western District of Washington, March 4, 2021 Defendant Puget Sound Commerce Center, Inc. formerly known as Todd Shipyards Corporation filed an amended motion for summary judgment/partial summary judgment. The plaintiffs allege the decedent John Dale Wineland worked at Todd Shipyards in 1974, where he was negligently exposed to asbestos, including …
U.S. District Court for the Western District of Washington, March 1, 2021 Defendant Aurora Pump Company filed this instant motion for summary judgment and motion to strike. By way of background, plaintiff Ronald H. Berhmann worked on ships while serving in the U.S. Navy and while working in the Todd and Lockheed Shipyards in Seattle, …
U.S. Court of Appeals for the Fifth Circuit, February 26, 2021 The plaintiffs claim their farther, a mechanical engineer at the NASA Michoud Assembly Facility (MAF), was killed by asbestos products sold and installed by defendants McCarty Corporation and Taylor Seidenbach, Inc. Deteriorating asbestos and asbestos remediation occurred in the buildings in which the decedent …
U.S. Court of Appeals for the Ninth Circuit, February 22, 2021 The plaintiffs appealed the decision of the United States District Court for the Western District of Washington, granting summary judgment to Union Pacific Railroad Company (UP) and granting post-trial motions for judgment as a matter of law for Ford Motor Company and DCo, LLC …
Supreme Court of New York, New York County Defendant Cleaver-Brooks, Inc. filed a motion for summary judgment contending plaintiff John B. Daly, Jr. failed to produce any evidence that he was exposed to asbestos as a result of work on or in the proximity of products manufactured by Cleaver. The plaintiff alleges his mesothelioma diagnosis …
U.S. District Court for the Middle District of North Carolina The plaintiffs allege that Mr. Brock (the plaintiff) was exposed to asbestos-containing materials, products, and equipment throughout his 30-year career at R.J. Reynolds Tobacco Company (RJR) in Winston-Salem, North Carolina, and that this exposure in the course of his employment has resulted in his mesothelioma …