Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The U.S. District Court for the Eastern District of Louisiana — in Ragusa v. Louisiana Insurance Guarantee Association (October 8) — weighed in whether the state’s LIGA statutes violated the Louisiana Supreme Court rule that a newly created statute of limitations must provide a “reasonable time for those affected” to assert their “vested rights.” More …
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos action, defendant Burnham LLC moved for partial summary judgment to dismiss plaintiffs’ punitive damages claim. Specifically, Burnham argued that asbestos exposure from its boilers would fall below TLV or PEL/OSHA limits, and that it never received workers’ compensation claims for asbestos-related disease. …
Court: Supreme Court of New York, New York County (NYCAL) In this asbestos matter, decedent, Anna M. Buczynski, alleged exposure to asbestos from laundering the clothing of her former husband, Anthony Buczynski. From 1976 to 2000, Mr. Buczynski used caulking and glazing products manufactured by DAP Inc. in various homes he shared with Ms. Buczynski, …
Court: Supreme Court of the State of New York, Appellate Division, First Judicial Department The Supreme Court of the State of New York, Appellate Division, First Judicial Department recently determined that a causation expert widely used by plaintiffs in talc litigation, Dr. Jacquline Moline, must identify the subjects of her talc causation studies. Johnson & …
Jurisdiction: United States District Court for the Eastern District of Louisiana This case involves claims of asbestos exposure. Plaintiff Robert Stephen Sentilles initiated this action asserting negligence and strict liability claims against several defendants. Mr. Sentilles specifically claimed having asbestos exposure due to, among other things, working at various Navy shipyards involving insulation, asbestos blankets, …
Jurisdiction: Supreme Court of New York, New York County On July 22, 2021, plaintiffs filed a complaint alleging asbestos exposure. Plaintiffs’ complaint specifically claims that asbestos exposure caused plaintiff Victoria Pawlowski to be diagnosed with peritoneal malignant mesothelioma after undergoing laparoscopic surgery, resulting in a nodule to be removed from her peritoneum. Defendants filed a …
U.S. District Court for the Eastern District of Louisiana Plaintiff Robert Stephen Sentilles was diagnosed with mesothelioma in October 2020. He filed his suit asserting negligence and strict liability claims against several defendants, including Avondale. Plaintiff alleged his illness was the result of asbestos exposure from the 1950s to the 1980s. More specifically, he alleged …
United States District Court for the Northern District of California In this wrongful death action, it is claimed that Decedent William Ankiel Jr. had exposure to asbestos-containing equipment during his service aboard a Navy vessel. Mr. Ankiel served in the U.S. Navy as a boiler room technician aboard the USS Hollister from October 1975 to April …
Court of Appeal of Louisiana, Fourth Circuit In this action, plaintiff Climmie Craft filed suit in this matter asserting that she contracted asbestos-related lung cancer as a consequence of her take-home exposure to asbestos while laundering the asbestos-contaminated clothing of her husband, Jerry Craft. Mrs. Craft alleges that her husband was exposed to asbestos while …
Court of Appeal of Louisiana, Fourth Circuit In this action, the plaintiffs alleged decedent Vita Chenet had asbestos exposure from personal use of various talcum powder products, including Cashmere Bouquet, throughout her lifetime. As a result of this asbestos exposure, the plaintiffs further claimed Ms. Chenet developed malignant mesothelioma in October 2018 and passed away …