Real-Time Court Decisions and Other Developments in Asbestos Litigation.
With 2019 now in its second month, there are a number of imminent developments on which members of the asbestos bar should keep an eye. While this post will primarily focus on litigation in Philadelphia and Pennsylvania, it touches on one national topic as well. The following is a summary of four important pending events: …
LOUISIANA — The plaintiff filed suit against multiple defendants alleging he developed mesothelioma while working for Radcliff Materials, a predecessor of Dravo Basic Materials Company (DBMC). Prior to filing suit in Louisiana, The plaintiff had filed a products liability suit against several defendants in California including DBMC. The plaintiff dismissed DBMC from the California suit …
DELAWARE — Following up on a prior ACT post, where a Delaware jury returned a verdict of over $40 Million in favor of the widow of a deceased auto mechanic, defendant, who was attributed a liability share of 20 percent, filed a renewed motion for judgment as a matter of law under Rule 50(b) and …
NEW YORK — New York City Asbestos Litigation Coordinating Judge Manuel J. Mendez has granted a causation based summary Judgment motion to defendant, American Biltrite, Inc. (ABI). With respect to ABI, the plaintiff, Thomas Mantovi, alleged exposure from Amtico from vinyl asbestos floor tile that he encountered as a bystander while performing inspections as an …
ARKANSAS — An Arkansas jury awarded plaintiff Ronald Thomas $18.5 million after a three week trial against Honeywell International, successor-in-interest to Bendix. However, prior to the verdict Honeywell and the plaintiff agreed to settle claims for an undisclosed amount. The plaintiff alleged that he developed mesothelioma in part due to his work at a brake …
CALIFORNIA — A three judge appellate panel in California issued a writ of mandate requiring the trial court to vacate its prior order, and to grant oetitioner/olaintiff David Ellis’ motion for trial preference. The plaintiff alleged that he suffered from asbestos-related kidney cancer and pleural disease, and filed suit against numerous defendants in 2016. After having …
A jury returned a multi-million dollar verdict against valve defendant Fisher Controls International LLC (Fisher) on January 24. The plaintiffs filed suit against Fisher and other defendants alleging that Thomas Glenn developed mesothelioma as a result of exposure to asbestos while working as a pipe fitter for Duke Power. Mr. Glenn’s work involved the use …
A Middlesex County jury awarded $2.38 million in compensatory damages to the widow of a factory worker in an asbestos lawsuit against Union Carbide. The jury declined to award punitive damages. The decedent was not deposed before he passed and Plaintiff relied on the testimony of two co-workers. Counsel for Union Carbide contended there was …
DELAWARE – The plaintiff Elizabeth Alice Dove (Plaintiff) alleges that her father Gus Dove (Mr. Dove) developed lung cancer and other asbestos-related diseases because of his exposure to a variety of asbestos-containing products manufactured, sold, or supplied by the defendants – among them, Honeywell – during the course of Mr. Dove’s career and through shade-tree …
NEW JERSEY — In Arthur G. Whelan v. Armstrong International Inc. et al, various defendants convinced the New Jersey Supreme Court to review a ruling that manufacturers may be held liable for failure to warn about the risks of asbestos-containing components or replacement parts in their products even if they did not build or distribute the …