Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The plaintiff, Kelan Unterberg, brought this action against multiple defendants for his alleged development of mesothelioma. His complaint lodged three separate causes of action including negligence under the Jones Act, breach of warranty of sea worthiness and reasonable fitness under U.S. Maritime law, and remedy of maintenance and cure. All of the counts were related …
Plaintiff Marci Jones filed suit claiming that, during the course of her employment, she suffered personal injuries from being exposed to asbestos, mold and dead animals. The plaintiff was employed by Noble Finance, who rented a commercial building from defendants Andy and Nancy Anderson. The plaintiff’s suit against defendants includes claims for her personal injuries …
The plaintiff sued several defendants alleging that he developed lung cancer as a result of exposure to asbestos products of the defendants while he served as a boiler tender in the U.S. Navy from 1976-79. Defendants Atwood and Morill (Atwood) and Carrier Corp. moved for summary judgment. The court’s analysis started with the standard for summary …
In this case, the plaintiff Gaspar Hernandez-Vega alleges that he developed mesothelioma as a result of his alleged exposure to asbestos-containing products while working as a pipefitter. At his deposition, Hernandez-Vega testified interchangeably to work with “Edward valves,” “Vogt valves,” and “Edward-Vogt valves” that exposed him to asbestos through his changing of the packing and …
On August 25, 2016, the California Supreme Court, without a written opinion, declined to hear a petition to review an appellate panel’s decision to overturn a trial court’s grant of summary judgment to Hennessy Industries Inc. In this case, the plaintiff claimed that the decedent, Frank Rondon, worked as a mechanic using defendant Hennessy’s (Ammco …
The United States Magistrate Judge recommended disposition on five summary judgment motions filed by various defendants in this mesothelioma case wherein plaintiffs alleged asbestos exposure during plaintiff Mark Hillyer’s employment with the U.S. Navy from 1967-1997. The only product identification witness was plaintiff Mark Hillyer, who testified that he was exposed to asbestos through his …
Plaintif Katherine Filosi, individually and as executor of the estate of Donald Filosi, filed a complaint against multiple defendants, including American Crane & Equipment Corporation (ACECO). The plaintiff alleged that the decedent Donald Filosi was exposed to asbestos while employed by Boat Corporation (Electric Boat) as a rigger from 1961 to 1998 and, as a …
Plaintiff James Waite and his wife Sandra Waite brought this action against Ford Motor Co. and Union Carbide Corporation (UCC) for Mr. Waites’ alleged development of mesothelioma from his work on brakes and clutches. UCC’s motion to dismiss for lack of personal jurisdiction was at first denied by the Court but then granted on UCC’s …
Plaintiff Robert Lee Winhauer filed an asbestos action in the Delaware Superior Court against multiple defendants, asserting personal injury claims relating to a mesothelioma diagnosis proximately caused by alleged exposure to asbestos. The defendants removed the action to the U.S. District Court for the District of Delaware. After Winhauer’s death, the complaint was amended to …
The Court of Common Pleas of Lackawanna County in Pennsylvania recently ruled on partial motions for summary judgment with respect to punitive damages asserted by the paintiffs, Robert Horst, Jr. and Diane Horst. Defendants filing said motions included Burnham, LLC , Lennox Industries, Inc., and Weil-McLain. The court stated that, in Pennsylvania, a punitive damages …