Real-Time Court Decisions and Other Developments in Asbestos Litigation.
DELAWARE — The plaintiff filed suit against several defendants alleging that, Mr. Harding, developed lung cancer as a result of his occupational exposure to asbestos while working in the U.S. Navy and during work in the civilian sector. The case was quickly removed to federal court. Specifically, the plaintiff worked as a plumber in New …
DELAWARE — The plaintiffs initially filed suit in the Superior Court of Delaware on November 2, 2016 against various defendants asserting claims arising out of an alleged exposure to asbestos suffered by the plaintiff Earl Janis, Jr. (Janis). The case was removed to federal court on February 16, 2017 pursuant to the federal officer removal …
LOUISIANA — The plaintiff Victor Michel filed suit in state court against multiple defendants, alleging that his exposure to asbestos while working as a mechanic and generator service technician caused him to contract peritoneal mesothelioma. The defendants removed the action to the Eastern District of Louisiana, and Ford and Cummins Inc. filed a joint motion …
NORTH CAROLINA — In granting summary judgment for Daniel International Corporation and Covil Corporation, a district court judge in North Carolina determined that the plaintiff’s causation evidence was insufficient to meet the frequency, regularity, and proximity standards of the jurisdiction. In 1965, Daniel constructed a polyester production facility for Fiber Industries, a/k/a Hoechst Celanese, in …
NEW YORK — The plaintiff Anna Zoas sued Johnson & Johnson (J&J) alleging that her mesothelioma was caused by asbestos present in J&J Baby Powder. She allegedly used the product daily from 1945 to 1948 and regularly from 1948 to 1956. The plaintiff’s complaint was filed on May 12, 2017, and was amended on July 4, …
LOUISIANA –The plaintiff filed suit against several defendants including Huntington Ingalls (Avondale) and Kaiser Gypsum (Kaiser) alleging her mother, Dolores Punch, developed and passed from mesothelioma as a result of exposure to asbestos for which the defendants were liable. Specifically, the plaintiff alleged that her decedent was exposed to asbestos fibers from washing the laundry …
CALIFORNIA — Plaintiff David Hart appealed the entry of summary judgment in favor of Special Electric Company on the basis that the claims against the company were time-barred under Wisconsin law. The plaintiff sued Special Electric alleging that his mesothelioma was caused by exposure to asbestos from products supplied by the company. Special Electric, a …
SOUTH CAROLINA — A federal court in South Carolina granted the summary judgment motion of defendant E.I. du Pont de Nemours and Company (DuPont) on the theory that DuPont was a statutory employer, and South Carolina Workers Compensation law provided the exclusive remedy for the plaintiff. For at least two years in the 1960s, decedent Jerry …
The plaintiff Donna Olson filed suit against the defendants Johnson and Johnson and Johnson and Johnson Consumer Inc. (defendants) alleging she developed pleural mesothelioma as a result of exposure to cosmetic talcum powder, including baby powder and Shower to Shower from 1953-2015. Additionally, the plaintiff claimed exposure from her mother’s application of the same. Ms. …
WASHINGTON – In a case of first impression, the Washington Supreme Court adopted Section 400 of the Restatement (Second) Torts, recognizing a manufacturer’s liability for claims arising prior to the 1981 Product Liability and Tort Reform Act, and assessing such liability by applying the objective reliance test, which requires viewing all of a defendant’s relevant …