Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In Stearns v. Metropolitan Life Insurance Company, the Massachusetts Supreme Court addressed whether the six-year statute of repose for claims against those involved the design, planning, construction, or general administration of improvements to real property, applies to asbestos personal injury claims, which would typically arise after the statue would bar their assertion. The statute at …
CALIFORNIA — In 2010, Donna O’Balle filed a complaint against numerous defendants alleging personal injuries from exposure to asbestos dating back to the 1980’s. Associated Insulation of California, Inc. (Associated), one of the defendants, was served, but did not respond, having gone out of business long before. O’Balle filed a request for entry of default …
NEW YORK — In the latest decision in a long-running series of cases involving coverage for thousands of asbestos-related lawsuits filed against Fulton Boiler Works, Inc., the Federal District Court for the Northern District of New York established principles for the application of a notice provision in an insurance policy. Travelers Casualty and Surety Company …
CALIFORNIA — A coverage dispute arose from numerous claims filed, in various jurisdictions, against Deere & Company for personal injuries arising from alleged exposure to asbestos-containing brakes, clutch assemblies, and gaskets used in Deere machines. In this decision, the court addressed two issues: 1) whether Deere’s higher-layer excess policies were triggered once the first-layer excess …
NEW YORK — The plaintiff Laura Shanahan sued Kolmar Laboratories, Inc. (Kolmar), Johnson & Johnson (J&J), and seven other defendants in state court in New York, alleging that her use of their asbestos-containing talc products led to the development of mesothelioma. While the plaintiff and Kolmar were both residents of New York, J&J nonetheless removed …
ALABAMA — The plaintiff Billie Smith filed suit against the defendants alleging she developed mesothelioma from the use of talcum powder on herself and son from the 1950’s through 2015. The defendants included Cyprus Amax Minerals Company (Amax), Cyprus Mines Corporation (Cyprus), Imerys Tac America Inc. (Imerys) and Johnson and Johnson (J and J). The …
CALIFORNIA — The plaintiffs Michael Roy Harris and Elsie Harris sued multiple parties, including Ingersoll-Rand Company (IR), alleging that Michael developed mesothelioma due to asbestos exposure resulting from his work at two U.S. Navy shipyards and while serving in the Navy. The plaintiffs initially filed suit in the Superior Court of California, County of Alameda, …
NEW YORK — The plaintiff’s decedent Mason South and his wife Ann South sued Chevron Corp. and several other defendants, alleging that the defendants were responsible for causing Mason’s mesothelioma. Chevron moved for summary judgment based on a release that the plaintiff’s decedent signed when he settled a 1997 lawsuit against Texaco, Inc. and many …
NEW YORK — The instant motion by the defendants Ford Motor Company and Hennessey Inc. stems from lawsuit filed on behalf of decedent Frances Lange; the plaintiffs assert that Mrs. Francis Lange (Frances) contracted mesothelioma as a result of the inhalation of asbestos during the course of laundering her deceased husband’s (Carl) and son’s (Jeffery) …
LOUISIANA — The plaintiff Victor Michel alleged that he developed peritoneal mesothelioma from exposure to asbestos in his work as a mechanic performing work on engines and brakes. Ford Motor Company is the only remaining defendant in this matter. The court ruled on motions by the plaintiff and Ford, and ultimately continued the trial. After …