Real-Time Court Decisions and Other Developments in Asbestos Litigation.
WASHINGTON — On appeal from bankruptcy court, a federal district court denied Travelers’ motion to convert a debtor’s Chapter 11 reorganization into a Chapter 7 liquidation. In Travelers Indemnity Company v. Fraser’s Boiler Service, Inc. BHS (W.D. Wash. Aug. 20, 2018), the debtor, Fraser Boiler Service, Inc., was a former boiler repair company that operated for …
NEW JERSEY — On October 30, 2015, The plaintiffs Thomas Grimes and Estelle Grimes Estelle Grimes initially filed suit in the Superior Court of New Jersey, Middlesex County against a number of defendants alleging that Mr. Grimes’s mesothelioma was caused by exposure to defendants’ asbestos or asbestos-containing products. Shortly thereafter, the case was removed to the United States District Court, …
NORTH CAROLINA — The plaintiff brought suit against a dozen entities alleging her decedent’s exposure in the tire curing room of the Firestone factory in Wilson, North Carolina from 1975 to 1995. The plaintiff alleged that Covil Corporation was the supplier of asbestos containing pipe covering that was used to insulate steam lines located throughout …
DELAWARE — Plaintiffs John and Vicki DeCastro originally filed a personal injury action against multiple defendants in the Superior Court of Delaware, asserting claims arising from Mr. DeCastro’s alleged harmful exposure to asbestos. The case was properly removed to Federal Court under the federal officer removal statute. Mr. Castro alleged that he developed lung cancer …
The United States Court of Appeals for the Third Circuit held that a channeling injunction entered in the Chapter 11 bankruptcy proceeding of W.R. Grace & Co. (Grace) protected one of its insurers, Continental Casualty Company and Transportation Insurance Company (CNA), from claims that CNA was independently liable for asbestos-related injuries because it was negligent …
MONTANA — The plaintiff filed suit against Burlington Northern Santa Fe Railroad Company (BN) under the Federal Employers Liability Act (FELA) and the Locomotive Inspection Act (LIA). Specifically, Mr. Daley alleged he was exposed to asbestos while working at the Somers rail tie treatment plant from 1967-1986 when it closed. After a seven day trial, …
ILLINOIS — The plaintiffs, John and Debra Jones, filed suit against Pneumo Abex LLC (Abex), Owens-Illinois, Inc. (O-I) and others, alleging John suffered from lung cancer as a result of exposure to asbestos while employed in construction. The plaintiffs alleged that Abex entered into a civil conspiracy with Johns-Manville to suppress information about the harmful health …
WASHINGTON — The United States District Court, Western District of Washington addressed several expert challenges including, among others, motions to preclude Dr. Ronald Gordon, Dr. Carl Brodkin, and Dr. Arnold Brody – all which involve the application of the “each and every exposure” and/or “cumulative exposure” theories. For a brief case background, this case centers around …
WASHINGTON — The United States District Court, Western District of Washington addressed several expert challenges including the motion of the defendant Ford (Ford) to exclude Dr. Charles Cushing’s statements regarding the plaintiffs’ likely exposure to asbestos during automotive work. For a brief case background, this case centers around allegations that decedent developed mesothelioma, and ultimately …
DELAWARE — The United States District Court issued a Show Cause Order requiring the parties to show why this matter should not be transferred to the District of Delaware. The plaintiff opposed the transfer arguing that two of the defendants also known as “John Doe” defendants may not be subject to personal jurisdiction in Delaware. The …