Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Two plaintiffs in two jurisdictions bargain for settlement in asbestos related claims. Both agree to take money in exchange for a release of all future claims. Both later develop new diseases and sue the same defendant again. Only this time, one court finds the release unenforceable and the other court dismisses the complaint. No doubt …
LOUISIANA — The plaintiff filed this action against several defendants, including Industrial Development Corporation of South Africa, Limited (IDC), alleging he developed lung cancer from exposure to asbestos containing products for which the defendants were responsible. Immediately after the suit was filed, the plaintiff moved to dismiss claims against IDC. A co-defendant stevedoring company filed …
WASHINGTON — Plaintiff Barbadin filed suit against defendants including Scapa Dryer Fabrics and AstenJohnsten, Inc. (defendants) alleging exposure to asbestos containing products for which the defendants were responsible. Scapa removed the matter on April 17, 2017. The plaintiff quickly moved for remand and sought fees and costs. The court noted that it had previously remanded …
DELAWARE — Plaintiffs Michael and Sally Harding filed claims in Delaware state court due to Michael Harding’s exposure to asbestos while working as a pipefitter for the United States Navy from 1963-67. Defendant Crane Co. removed to federal court. Defendant Exelon Corporation moved for dismissal due to lack of personal jurisdiction. Exelon was not a …
MISSOURI — The plaintiffs filed suit in Missouri against multiple defendants including Buffalo Pumps, arguing that their decedent, Berj Hovsepian, developed mesothelioma as a result of exposure to asbestos containing products for which the defendants were responsible. The case was removed to the U.S. District Court. Prior to filing the Missouri suit, the plaintiffs filed …
Plaintiff Paul Heaton sued multiple defendants including an automotive gasket manufacturer and Honeywell International alleging his decedent, Robert Brawley, developed mesothelioma for which defendants were responsible. Fact witness Michael Victor was deposed on Brawley’s use of the gasket manufacturer’s gaskets on shade tree mechanic work from 1974-2010. The deposition lasted three days. On day one …
Plaintiffs Sean Snowdale and Ryan Snowdale as Co-Executors of the Estate of Donald Kenneth Snowdale initially filed this asbestos-related suit against a number of defendants, including Barnes & Jones, Incorporated on July 6, 2015 in the Supreme Court of New York, New York County (NYCAL). Barnes & Jones answered and asserted the affirmative defense that …
Plaintiffs Dennis Britt and Rosa-Maria Britt filed suit after Dennis Britt was diagnosed with mesothelioma. Britt ultimately passed away from the disease and Rosa-Marie Britt continued as personal representative of his estate and added a wrongful death claim. Britt was an employee benefits advisor from 1978-1997 where he visited various commercial and industrial facilities to …
The plaintiff filed suit against defendants including Norfolk Southern Railroad Company (NSRC), alleging his decedent, Aaron Cole, developed lung cancer as a result of his work as a machinist for NSRC. NSRC sought dismissal based on the fact that Cole had previously released NSRC from future liability in May of 2000. Originally, Cole filed suit …
Plaintiffs Stephen and Marilyn Charlevoix filed this asbestos related personal injury action in Delaware Superior Court against multiple defendants on July 10, 2015. Crane removed the action to this court on August 21, 2015. The plaintiff stated that Mr. Charlevoix was first exposed to asbestos-containing products during his service as a boiler tender with the …