Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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
WASHINGTON – The plaintiffs filed suit against several defendants alleging their decedent, Mr. Klopman-Baerselman developed mesothelioma as a result of exposure to asbestos for which the defendants were liable. The case was removed to federal court. Viking Pump (Viking) moved for summary judgment arguing that the plaintiff could not establish the necessary element of causation. … Continued
WASHINGTON — The plaintiff, Donald Varney, filed suit against numerous defendants alleging exposure to asbestos while working as a marine machinist at shipyards in Washington caused his mesothelioma. The complaint was removed to federal court. One day before he passed, plaintiff signed an affidavit stating that he worked with various defendants’ products or products supplied … Continued
OREGON – The plaintiff Allianz Global Risks US Ins. Co. defended and indemnified its insured, Daimler Trucks North America LLC, as successor to Freightliner, in three CERCLA cases and more than 1,500 asbestos personal injury cases. It then brought suit seeking contribution against several insurance companies that had issued insurance policies to Con-way, Inc., the former … Continued
MARYLAND — The plaintiff brought suit against several defendants including Foster Wheeler alleging her decedent, Mr. Morris, developed and passed from mesothelioma as a result of his occupational exposure to asbestos while working at Bethlehem Steel Sparrows Point Shipyard from 1948-1970’s. Foster Wheeler asserted various defenses in its amended answer including the defenses of sophisticated … Continued
WASHINGTON — In Deem v. Air & Liquid Systems Corporation, et al., the United States District Court of the Western District of Washington recently ruled on two defendants’ motions for summary judgment. This case involved Thomas A. Deem (Mr. Deem), who worked at Puget Sound Naval Shipyard from 1974 to 1981 as an apprentice and … Continued
DELAWARE — The plaintiff, Jane Rowland, alleged she developed mesothelioma from washing her husband’s clothes. Her husband performed home remodeling projects in Ohio in the 1970s using Georgia-Pacific joint compound. the plaintiff alleged that Union Carbide was responsible for her injuries because it supplied asbestos to Georgia-Pacific for use in its joint compound. Specifically, Union … 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
LOUISIANA – The plaintiffs, the children of Theresa Rodrigue (Ms. Rodrigue), allege their mother was secondarily exposure to asbestos contained in products manufactured by multiple product manufacturers (defendants) who moved for summary judgment, respectively, when Ms. Rodrigue washed the clothing of her brother, a rigger in a shipyard. The court granted the defendants summary judgment … Continued
NEBRASKA — In Bettisworth v. BNSF Railway Company, the court denied a defendant’s motion for summary judgment, which argued that the plaintiff was not the properly appointed representative for his late wife’s estate. The plaintiff’s wife was employed by the defendant from 1979 to 2012 as a laborer/hostler at the defendant’s yard in Alliance, Nebraska. … Continued