Real-Time Court Decisions and Other Developments in Asbestos Litigation.
New York — The plaintiff was diagnosed with esophageal cancer in October 2013 and filed suit in 2014. The plaintiff identified ten projects where he worked with vinyl asbestos floor tile. In addition to defendant American Biltrite’s (ABI) tile, the plaintiff identified seven other brands of tiles he used throughout his career. The plaintiff could not …
DELAWARE — The plaintiff, Jimmy Crawford, sued Tenneco Automotive Operating Company Inc. (Tenneco), among other defendants, alleging that his lung cancer was caused by asbestos present in Walker automotive mufflers. Prior to his death, the plaintiff testified that he worked at two automotive stations from 1963 to 1965, where he worked with Walker mufflers. He …
OHIO — The appeals for this matter stem from the dismissal of claims filed in the Northern District of Ohio. In 1989 several ship owner defendants moved to dismiss a multitude of merchant mariner claims suits for lack of personal jurisdiction. In sum, the defendants argued that the merchant mariners’ claims for nationwide jurisdiction were …
PENNSYLVANIA — The plaintiff’s decedent worked in Texas as an electrician from 1945 until 1989, and alleged exposure to asbestos from insulation that was incorporated into passenger railcars manufactured by Defendants from 1945 until the mid to late 1970s. Specifically, the plaintiff alleged that asbestos exposure from pipe insulation and “arc chute” insulation in the …
CALIFORNIA — In Blinkinsop v. Johnson & Johnson, et al., a California jury found that a defendant’s talcum powder did not contain asbestos, and therefore rejected the plaintiff’s claims that his use of the defendant’s products caused his mesothelioma. The plaintiff’s case was filed in September 2017, two months after he was diagnosed with mesothelioma, …
DELAWARE — In Werner Rath v. 3M Company, et al., the court ruled on a defendant Oyj Partek Ab’s (Partek) motion for summary judgment. The plaintiff alleged occupational exposure to asbestos while working as a union carpenter at a number of industrial sites in Delaware and New Jersey. One week before the plaintiff’s deposition was …
As recently reported on March 28, 2019 on the Asbestos Case Tracker, the First Department of the New York Supreme Court issued a significant causation decision. In Joanne Corazza as Executrix of the Estate of George Cooney v. Amchem Products Inc., et al, the plaintiff sued multiple asbestos related defendants, alleging they were all the …
WISCONSIN — Plaintiff Johnson Carter filed suit against Henry Carlson’s Construction Company (HCCC) alleging he suffered “a variety of severe medical symptoms” after exposure to asbestos while working for HCCC as a temporary construction worker. Specifically, he claimed that he was exposed to asbestos during a demolition of a hospital in the late 1980s. He …
NEW YORK — The sole issue on appeal “is the attribution of liability as between Con Ed and non-party Robert A. Keasbey, Co., (Keasbey).” For three months in 1958, the plaintiff’s decedent worked in close proximity to Keasbey employees, who used asbestos-containing concrete products, including Rex and Rakco concrete manufactured by Keasbey. From the winter …
NEW YORK – The defendant Caterpillar, Inc. (Caterpillar) appealed a verdict in the aggregate amount of $1.8 million issued by a jury in the New York City Asbestos Litigation (NYCAL) following a trial over which the Honorable Martin Shulman presided. This verdict was unanimously reversed by the First Department, one of which justices is the …