Real-Time Court Decisions and Other Developments in Asbestos Litigation.
CALIFORNIA – Yesterday, a three-judge panel reversed a California trial court’s grant of summary judgement for the defendant, Triple A Machine Shop (Triple A), Inc., and remanded the matter to the trial court for further determination of Triple A’s arguments in support of summary adjudication. The decedent, Michael Harris, sued Triple A, among others, and …
WASHINGTON – The plaintiff, Sherri Deem, filed suit on behalf of herself and the estate of her husband, Thomas Deem, alleging that his exposure to asbestos as a machinist at the Puget Sound Naval Yard caused him to develop mesothelioma. Thomas Deem passed away on July 2, 2015 and Sherri Deem filed suit on November …
LOUISIANA – The family of Joseph Savoie, Jr. filed suit against multiple defendants alleging he passed away from mesothelioma as a result of exposure to asbestos while working at Avondale Shipyards from 1948-1995. Savoie was originally diagnosed with asbestosis in 1990 and settled with several defendants. Years later, he developed mesothelioma. Avondale sought summary judgment …
NEW YORK – The plaintiff, Donald Terwilliger, brought an asbestos suit against multiple defendants. The complaint included a count that Honeywell, as successor in interest to the Wilputte Coke Oven Division of the Allied Chemical Corporation (Honeywell), was strictly liable for emissions coming from its coke ovens at Bethlehem Steel’s Lackawanna Plant in New York. …
WASHINGTON – As recently reported on the Asbestos Case Tracker on May 22 and May 28, 2019, in Varney v. Air & Liquid Systems Corporation, et al., the court ruled on several of the defendants’ motions for summary judgment. The plaintiff, Donald Varney, filed suit against numerous defendants alleging exposure to asbestos while working as …
WASHINGTON – As reported on the Asbestos Case Tracker on May 6, 2019, in Varney v. Air & Liquid Systems Corporation, et al., the court ruled on several defendants’ motions for summary judgment. The plaintiff, Donald Varney, filed suit against numerous defendants alleging exposure to asbestos while working as a marine machinist at multiple shipyards …
PENNSYLVANIA – In Lamson v. Georgia-Pacific LLC f/k/a Georgia Pacific Corporation, Individually and as Successor-in-Interest to Bestwall Gypsum Company, et al., the Superior Court of Pennsylvania recently reviewed the plaintiff’s (appellant) appeal from an order granting summary judgment to two defendants (appellees) in the case. The trial court had concluded that the appellant failed to …
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. …
NEW YORK – The defendant Algoma Hardwoods, Inc. filed a motion for summary judgment in the instant matter, contending via an affidavit signed by its principal that it did not sell or distribute asbestos-core fire doors in the New York metropolitan area where the plaintiff’s decedent worked during the relevant time period and therefore he …
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 …