Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In 2005, The plaintiff Samuel Holloway sued 29 companies including Hess Oil Virgin Islands Corporation (HOVIC) and Amerada Hess Corporation (Hess) through the Motley Rice firm, alleging non-malignant injuries arising from exposure to asbestos. Proofs of service on summons were never filed; only HOVIC and Hess appeared and answered the complaint, and at the same …
CALIFORNIA — In the matter of Frank C. Hart, he Court of Appeal, First District, Division 5, California reversed a lower court’s judgment against defendant after finding the testimony of plaintiff’s key witness was inadmissible hearsay. The plaintiff Frank C. Hart filed suit alleging that his mesothelioma diagnosed was caused by exposure to asbestos from …
WASHINGTON — The plaintiffs filed suit against Maersk Line alleging their decedent, Mr. Klopman-Baerselman, was exposed to asbestos from 1955-1959 while working as a merchant marine onboard the Rotterdam Lloyd. The plaintiffs named Maersk as a successor in interest to the Royal Rotterdam Lloyd. The defendant moved for summary judgment arguing that it had no …
NORTH CAROLINA – The plaintiffs Everett VanHoy and Lucille VanHoy (plaintiffs) filed this personal-injury action against multiple defendants, including American International Industries (AII), alleging the plaintiff Everett VanHoy’s (Mr. VanHoy) mesothelioma was caused by his exposure to a variety of asbestos-containing products throughout his life. AII moved to dismiss, under Rule 12(b)(6), the plaintiffs’ complaint …
FLORIDA — The plaintiff Richard DeLisle filed a personal injury action against sixteen defendants, claiming that each caused him to be exposed to asbestos. Of the sixteen, DeLisle proceeded to trial against three: Crane, Lorillard Tobacco Co., and Hollingsworth and Vose (H&V). At trial, the plaintiff presented evidence that he was exposed to “Cranite” sheet gaskets containing …
KANSAS — The plaintiff Nancy Little filed suit individually and as the personal representative of the estate of her father, Robert Rabe, against the defendant The Budd Company (Budd). The plaintiff alleges that her father was exposed to asbestos-containing pipe insulation that Budd placed in passenger railcars it manufactured; this exposure allegedly caused Mr. Rabe’s mesothelioma. …
MONTANA — Nearly two hundred plaintiffs filed a lawsuit in Montana state court against BNSF Railway Company (BNSF) and its managing agent, John Swing. BNSF removed the cases as a mass action, as they all arose out of exposure from W.R. Grace’s operations in Libby, Montana. The plaintiffs were all Montana residents and argued the …
NEW YORK — Late Thursday night, NYCAL Justice Joan Madden issued a long awaited post-trial motion decision in Robaey v. Air and Liquid Systems, et al, NYCAL Index No. 190276/13, previously reported by ACT here. In January of 2017, a New York City jury returned a record setting $75 Million verdict, comprising $50 Million for …
LOUISIANA — Wayne Bourgeois worked as a welder from 1989 to 1994 at Chevron Chemical (Chevron) in Belle Chasse, Louisiana. His employer was J.E. Merit, a predecessor to Defendant Jacobs Field Services North America, Inc. (Jacobs). As part of their contract to provide maintenance for the Chevron plant, including welders, Jacobs agreed to indemnify Chevron against loss, …
WASHINGTON –The court ruled on competing motions for summary judgment from the plaintiff Alice Mikelsen and the defendant Warren Pumps in this case involving allegations that Arthur Mikelsen developed mesothelioma from working around Warren Pumps in the machine shop at Puget Sound Naval Shipyard from 1942 to 1980. The plaintiff challenged six of Warren Pumps’ …