Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The plaintiff filed a failure-to-warn product liability suit against, among others, The Boeing Company, after his wife Mary became ill from alleged secondary asbestos exposure. Boeing removed to federal court based upon the federal officer removal statute. The district court remanded, and the appellate court reversed. The plaintiff alleged Mary suffered take home asbestos exposure …
The plaintiff was a police officer for the City of Buffalo from 1968-1995. In 2012, he was diagnosed with mesothelioma and filed this proceeding asking permission to serve a late notice of claim against the city. The plaintiff alleged asbestos exposure during his work at properties owned by the city and by the Board of …
We are pleased to announce that the Asbestos Case Tracker blog has been named the best litigation blog in the country in The Expert Institute’s Best Legal Blog Contest for 2016! The Expert Institute’s annual contest considered thousands of legal blogs online today. After an extended public voting process that attracted thirty thousand votes, Asbestos …
The plaintiffs brought claims sounded in negligence, intentional tort, fraud and strict liability for their decedent’s mesothelioma which was alleged to have developed after coming into contact with her husband’s asbestos laden clothes. Mr. Tregre was alleged to have worked for Avondale Industries, a predecessor to Huntington Ingalls, Inc. while onboard ship construction. Avondale removed …
The U.S. District Court for the Eastern District of Louisiana issued two opinions in the matter of Sheppard v. Liberty Mut. Ins. Co., et al. which denied the plaintiffs’ motion to remand and dismissed the plaintiffs’ fraud cause of action against the defendants. Plaintiff Jesse Frank Sheppard originally filed in the Civil District Court for …
Plaintiff Bobby Turner and his wife commenced an action in April 2013 alleging asbestos exposure caused his lung cancer. The plaintiff was a drywall finisher from 1962 to 1978. Defendant Union Carbide moved to administratively dismiss the claim in February 2014, claiming that the plaintiffs failed to submit prima facie evidence pursuant to R.C. 2307.92. …
Honeywell International, Inc. who was joined by Ford Motor Company moved for an order authorizing “any entity . . . to access, inspect, copy and receive copies of … any and all of the 2019 Exhibits filed with the Court in compliance with the 2019 Order or Bankruptcy Rule 2019.” In other words, Honeywell and …
The plaintiff sued approximately 78 defendants alleging his mesothelioma was caused by exposure to asbestos while working as a civilian for the U.S. Navy from 1958-1964, and two other employers from 1966-1969, and again from 1969-1997. CBS moved to dismiss the case for lack of personal jurisdiction arguing that its contacts with Missouri did not …
Plaintiff Lori LoGiudice developed mesothelioma and brought suit, alleging her disease was caused by her use of asbestos-containing Cashmere Bouquet talcum powder made by Colgate-Palmolive. The only other defendants were suppliers of asbestos-containing talc to Colgate. After the Special Master denied certain discovery requests made by the plaintiff, the plaintiff moved for relief. The court …
Plaintiffs Patrick and Joy Demartino brought suit against various defendants after Patrick Demartino developed mesothelioma. Defendant Aurora Pump Company moved for summary judgment, arguing that it did not use or sell external asbestos-containing gaskets. The court denied this motion. It was undisputed that during the plaintiff’s time of alleged exposure to Aurora pumps while working …