Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The plaintiffs contended that their decedent was exposed to asbestos while working as a machinist at a shipyard owned by Electric Boat Corporation from 1962-65. At the close of discovery, a period in which several discovery motions were filed, the plaintiffs filed this motion for spoliation of evidence. The plaintiffs asserted that Electric Boat spoliated …
The plaintiffs’ brought this action against Electric Boat and General Dynamics for their decedent’s alleged development of mesothelioma as a result of his work as a machinist at the defendants’ shipyards. The plaintiffs sought depositions of the corporate representatives of both Electric Boat and General Dynamics since Electric Boat operated as a division of General …
The plaintiffs, Nolan and Susan Legeaux, brought a motion to remand their asbestos case from federal court arguing that removing defendants failed to follow the correct removal procedure, that there are non-diverse defendants, and that the federal officer removal statute, 28 U.S.C. § 1442, is not applicable to the facts of the case. The motion …
W.R. Grace & Co. (Grace), a Chapter 11 bankruptcy debtor, at one time operated a vermiculite mine, and related mining activities released asbestos-containing dust into the atmosphere. It began facing asbestos-related lawsuits in the 1970s. Grace filed a voluntary Chapter 11 bankruptcy in 2001, and a plan of reorganization was confirmed in 2014. The plan …
In this negligence actions brought under the Federal Employers’ Liability Act (FELA), the Appellate Court of Illinois, Fourth District, affirmed the jury’s verdict against defendant Illinois Central Railroad Company (Central) but vacated the award of damages and remanded for a new damages hearing. In 2003, Paul McGowan was diagnosed with lung cancer and died. In …
On October 19, 2016, the Third District Court of Appeal, State of Florida, affirmed a final judgment in favor of defendant Carnival Corporation, finding no merit. In the original case at bar, the plaintiff, Giovanna Settimi Caraffa, individually and as personal representative of the estate of Benedetto Emanuele Caraffa, deceased, filed suit in the Circuit …
Plaintiff-Decedent William Holzworth filed suit against various defendants in the New York Supreme Court on July 9, 2012 alleging personal injuries pursuant to his diagnosis of mesothelioma allegedly caused by his occupational exposure to asbestos. Specifically, Holzworth alleged exposure to asbestos-containing products during this employment, both as a sonarman serving in the U.S. Navy between …
The plaintiffs filed a motion for leave to file an amended complaint to add Taylor-Seidenbach, Inc., a non-diverse defendant, and to reflect additional facts and information. The court denied the plaintiffs’ motion. This case was originally filed in state court and removed to federal court by defendants Puget Sound Commerce Center, Vigor Industrial LLC, and …
Relying on Koulermos v. A.O. Smith Water Prods., the New York Appellate Division, First Department upheld the trial court’s denial of summary judgment. The court found that the trial court used the correct standard and that Cleaver Brooks failed to put forth evidence illustrating how it was entitled to summary judgment. Read the decision here. Read …
The defendants (pump and valve manufactures) filed a motion in limine to exclude certain studies and videos produced by the plaintiff’s expert Dr. James Millette. The defendants challenged two aspects of Dr. Millette’s proposed testimony. First, they argued that some — but not all — of the academic studies that Dr. Millette relied on are …