Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Eastern District of Louisiana, November 2, 2021 Plaintiff Ethel Sampey alleged that she was diagnosed with mesothelioma as a result of take-home exposure to asbestos from her uncle’s work at Avondale Shipyard from 1957 to 1965, and from her employment as a bartender at bars frequented by Avondale workers after … Continued
U.S. District Court for the Middle District of North Carolina, March 22, 2021 Plaintiff Kenneth McDaniel worked as an operator for Duke Power at its Belews Creek Power Plant in North Carolina from 1974 to 2005. His wife, Deborah McDaniel, whom he married in 1978, was diagnosed with lung cancer and filed suit, alleging that … Continued
Court of Appeals of Texas, Fourteenth District, Houston, March 2, 2021 In this instant take-home exposure matter, the trial court granted defendant Union Carbide’s motion for summary judgment and the plaintiff now appeals the trial court’s order. The appellate court affirms the lower court’s decision. In response to Union Carbide’s motion, appellants offered several pieces … Continued
U.S. Court of Appeals for the Ninth Circuit, February 22, 2021 The plaintiffs appealed the decision of the United States District Court for the Western District of Washington, granting summary judgment to Union Pacific Railroad Company (UP) and granting post-trial motions for judgment as a matter of law for Ford Motor Company and DCo, LLC … Continued
The Ninth Circuit affirmed an Idaho district court’s order granting summary judgment for the defendant, Union Pacific, in a secondary exposure case filed by the plaintiff William Stephens. The plaintiff alleged that his father was exposed to asbestos at his job at a Union Pacific roundhouse in Weiser, Idaho, and carried asbestos home on his clothes, … Continued
WISCONSIN – The plaintiff, Dale Chapp, filed suit against Colgate Palmolive arguing that his late wife, Ruth Chapp, developed mesothelioma from her use of Cashmere Bouquet talcum powder from approximately 1969-the mid-1980s. The plaintiff also alleged that Ruth Chapp was secondarily exposed to asbestos from laundering his work clothes. Colgate moved for summary judgment. The … Continued
VIRGINIA — The State of Virginia recently expanded the potential duty to warn owed for take-home asbestos exposures in the Quisenberry case. The plaintiff Wesley Quisenberry filed suit on behalf of his decedent mother, alleging that her exposure to asbestos while laundering her father’s clothes caused her mesothelioma. The plaintiff’s decedent’s father worked at a … Continued
MARYLAND – Concetta Schatz’s (Mrs. Schatz) children (Appellants) commenced a lawsuit against John Crane, Inc. (JCI), alleging that Mrs. Schatz’s husband handled asbestos-containing JCI products while at work and wore his asbestos-covered clothing home for Mrs. Schatz to launder, thereby exposing her to asbestos, resulting in her mesothelioma diagnosis and eventual death. At the close … Continued
IDAHO — The plaintiffs filed suit against Union Pacific Railroad (Union Pacific) alleging that Rollie Stephens had brought asbestos home on his work clothes which caused his son, William, to develop mesothelioma. Specifically, the plaintiffs argued that Rollie Stephens was exposed to asbestos from his work at the Weiser roundhouse working on steam locomotives that … Continued
WASHINGTON — In an update to a case previously reported by Asbestos Case Tracker, The plaintiff’s Motion for Reconsideration of the Court’s Order granting summary judgment for Union Pacific Railroad has been denied. By way of background, the plaintiffs alleged that Mr. Jack was secondarily exposed to asbestos from the work clothes of his father … Continued