Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Defendant Georgia Pacific was granted partial summary judgment, in that all claims against the defendant “pre-1973” were barred. The plaintiff filed a motion for reconsideration arguing that the court overlooked the fact that the defendant stopped distributing asbestos joint compound in September 1973. In response to the plaintiff’s motion, the defendant argued that the court …
Ms. Bagwell filed suit against several defendants, alleging her husband developed lung cancer from asbestos related to Borg Warner clutches. The plaintiff’s brother was the sole fact witness who recalled his brother performing clutch work starting in 1965 through the 1980s approximately one time per week. The plaintiff’s expert report stated that the plaintiff was …
Plaintiff Jill Dudley alleged that her husband Frank worked on pumps from 1966-67 while employed at Cam Chemical Company in Detroit, Michigan. Defendant FMC moved for summary judgment, which the court granted. Frank Dudley testified that at least ten pumps were made by Chicago Pump; he broke down these pumps and repaired the gaskets. The …
The plaintiffs filed an action in the Superior Court of Delaware against defendant CertainTeed Corporation alleging that the plaintiff, Jack Trousdale, was exposed to asbestos from CertainTeed’s products. The plaintiffs contend that Mr. Trousdale purchased a flat-bed tractor trailer in 1972 to work as an independent truck driver, and as part of his job Mr. …
On August, 2, 2017, Nassau County Supreme Court Justice Julianne Capetola granted various defendants’ motion to renew and re-argue the court’s prior denial of the defendants’ combined Frye/summary judgment motions as to the issue of causation. Upon renewal, the court granted summary judgment to the defendants. By way of background, plaintiffs Giulio Novello and Rosaria …
Following up on prior ACT posts as to the Hodjera suit out of the Western District of Washington, the court granted motions for summary judgment filed by defendants Honeywell International and Imerys Talc America Inc. under Fed. R. Civ. P. 12(c) for lack of personal jurisdiction. The court reiterated that due process requires a district …
Harold and Judy Haynes filed this asbestos related personal injury action in the Delaware Superior Court against multiple defendants on June 3, 2016, asserting claims arising from Mr. Haynes’ alleged harmful exposure to asbestos. Defendant Crane Co. removed the action to U.S. District Court in Delaware on July 15, 2016. Defendants Aurora, Warren Pumps, Pfizer, …
Plaintiff James Blair as the administer of the estate of Walter Godfrey, Jr. filed suit against defendant Cleaver-Brooks in the Superior Court of Delaware claiming that the decedent was exposed to asbestos from the defendant’s boilers and a result, was diagnosed and ultimately passed away from lung cancer. As the sole product identification witness, Walter …
Plaintiffs filed suit against Georgia Pacific (“GP”) and Union Carbide Corporation (“UCC”) alleging Mr. Rockman’s peritoneal mesothelioma was caused by exposure to asbestos for which both Defendants were responsible. Specifically, Mr. Rockman claimed “bystander” exposure to GP’s Ready Mix joint compound that contained UCC’s Calidria chrysotile asbestos during residential renovations in 1965, 1973 and 1976. …
Plaintiffs brought this suit against multiple defendants for Mr. Glaser’s alleged asbestos related injuries. Scott Glaser alleged that he was exposed to asbestos floor tile sold by Sears and Roebuck (“Sears”) while working for various employers. His work required him to clean up “scraps or pieces of floor tile off the floor.” Defendant took the …