Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The plaintiff is the surviving spouse of Susan McDowell, who died from mesothelioma. The plaintiff alleged exposure to asbestos-contaminated vermiculite discarded from railcars while being transported from the Libby, Montana mine by Burlington Northern Santa Fe. The state of Montana (State) began inspecting the mine in the 1950s and found hazardous levels of asbestos within …
Burns & Scalo Roofing Co. was the defendant in an underlying state court action brought by a former employee who had developed mesothelioma due to exposure to asbestos while employed by Burns & Scalo. Burns & Scalo sought defense and indemnity from National Union, which had issued occurrence-based policies to Burns & Scalo for a …
With reported asbestos decisions continuing to rise, the need to keep informed on developments across the country is imperative. Goldberg Segalla’s Asbestos Case Tracker blog — ranked on the ABA Journal Blawg 100 list of the best legal blogs — is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. …
The plaintiffs filed suit against 40 defendants and the Pittsburgh School District Board of Public Education (PBE). The plaintiffs contended the defendants were responsible for Ms. Geier contracting mesothelioma while she worked as a school teacher at South Hill High School from 1959-59. During discovery, Ms. Geier stated in an affidavit that she was occupationally …
Jacqueline and Thomas Wagner filed suit against Standard Steel LLC for Ms. Wagner’s alleged development of mesothelioma as a result of take home exposure from the work clothes of her husband. Mr. Wagner worked as a laborer and crane operator at Freedom Forge from 1970-72. Freedom Forge filed for Chapter 11 protection in 2001. Appellee …
On January 23, 2017, a NYCAL jury awarded $75 million in damages to plaintiffs Marlena F. Robaey and her husband, Edward Robaey, in a living peritoneal mesothelioma case for a 49-year old female. Justice Joan A. Madden presided over the trial where the plaintiffs alleged bystander and take-home asbestos exposure through Edward Robaey’s automotive work. …
The plaintiff alleged he developed lung cancer due to his asbestos exposure while working on the premises of Freeport’s Port Sulphur facility, other facilities, and various drilling rigs. The defendants removed to federal court on the bases of original jurisdiction under the Outer Continental Shelf Lands Act. The plaintiff filed a motion to quash subpoena …
The plaintiffs alleged both direct and secondary exposure to asbestos by Harold Murray, leading to his development of mesothelioma. Mr. Murray worked in both Tennessee and Virginia. The plaintiffs lived in Tennessee. The defendants filed a motion to apply the law of Tennessee, while the plaintiffs argued for Virginia law. The court ruled that Tennessee …
The trial court found in favor of the plaintiff, finding Brand Insulation, Inc. liable for the mesothelioma suffered by Barbara Brandes due to secondary asbestos exposure from her husband’s work at ARCO. Brand appealed, and the plaintiff appealed the remittitur reducing the damages award from $3.5 million to $2.5 million. The court affirmed the verdict …
On January 17, 2017, the Superior Court of Delaware, New Castle denied RCH Newco II LLC’s (Newco) motion for summary judgment. The plaintiff, Jessie Hastings, alleged that he contracted colon cancer as a result of his exposure to Newco’s asbestos-containing product, Galbestos. Galbestos was a material that protected metal and roofing products. Mr. Hastings was …