Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Plaintiff Clarence Dionne filed suit against several defendants including Cleaver Brooks alleging that he was exposed to asbestos while working at the Bay Area Medical Facility. Plaintiff alleged that he “scraped off the rope gaskets and supervised this task” on the doors of Defendant’s boilers. Not only did he personally perform this work but he …
Plaintiff brought this action against several defendants including Fairbanks Company alleging exposure to asbestos while working with Defendant’s valves. Specifically, Plaintiff recalled working with globe, gate and ball valves for various employers and locations. Plaintiff also testified that he replaced packing in the valves and personally removed external insulation to repair the valves. Plaintiff assumed …
Dorothy Charbonneau filed suit in the Superior Court of Delaware against multiple defendants alleging the defendants’ use of asbestos caused her husband, Robert Charbonneau, to contract an asbestos related disease. Mr. Charbonneau testified that he believed he was exposed to asbestos while maintaining and cleaning multiple boilers manufactured by Cleaver-Brooks throughout his employment career. Mr. …
Attention blog readers! This year, the ABA Journal is publishing their first ever “Web 100” celebrating the best of the legal industry on the web. In order to be named to the list, we’ll need your help! Since the start of our blog in October of 2015, Asbestos Case Tracker has reported on hundreds of asbestos decisions …
In this wrongful death case, plaintiff Janet Stewart appealed the grant of summary judgment to Union Carbide that her loss of consortium claim was barred by res judicata. The plaintiff also argued a miscarriage of justice in the setoff of her deceased husband’s settlement with two asbestos bankruptcy trusts against her entire economic damage award. …
The court issued various rulings on motions in limine filed by both the plaintiffs and defendant John Crane in this matter that is set for trial on July 17, 2017. The decedent died of mesothelioma. Many of the motions were unopposed. Below are summaries of the more pertinent rulings. Regarding the plaintiff’s motions, the plaintiff …
Plaintiff Eileen A. O’Connor was diagnosed with pleural mesothelioma allegedly caused from exposure to equipment containing asbestos while working at a research lab from approximately 1975-79. The plaintiff filed suit in February 2015 against several defendants, including suppliers of various products used at this research lab. Supplier defendants moved for summary judgment arguing, among other …
The plaintiffs alleged Maynard Herman contracted mesothelioma due to occupational asbestos exposure. Defendants removed on the basis of diversity, and the plaintiffs moved to remand. The court granted the remand. The defendants argued that defendant Ametek, Inc., although a citizen of Pennsylvania, was fraudulently joined to defeat diversity. The plaintiffs argued Ametek was not fraudulently …
Plaintiff Willie Everett, resident of Missouri, brought suit in the Circuit Court of the City of St. Louis, claiming personal injuries after he allegedly inhaled, ingested, or otherwise absorbed asbestos fibers and/or asbestiform fibers emanating from certain products he was working with and around which were manufactured, sold, distributed, or installed by the defendants. The …
Plaintiffs Sandra Reyes Jauregui and Mario Reyes Jauregui filed a first amended complaint against the City of Pasadena arising from Sandra Jauregui’s mesothelioma. The City demurred to the complaint, arguing that the plaintiffs failed to comply with the Government Claims Act, requiring presentation of the claim to the City within six months of the date …