Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Eastern District of Louisiana Plaintiff Wilson Goffner, Sr. was diagnosed with malignant lung cancer in March 2020 following his employment at the Avondale shipyard in the late 1960s and 1970s. In February 2021, the plaintiff filed a petition for damages in the Civil District Court for the Parish of New …
U.S. District Court for the Northern District of California Plaintiffs James and Lucretia Sarjeant brought suit in California state court following Mr. Sarjeant’s diagnosis of malignant mesothelioma. He alleged exposure from asbestos-containing products through his employment at the Todd Shipyards, on the RMS Queen Mary, automotive work, and home renovation projectsfrom the 1960s to 1990s. …
Court: United States District Court for the District of Massachusetts Decedent Arnold L. Pritt was diagnosed with singular mesothelioma, epithelioid type in September 2019. He alleged he was exposed to asbestos during his service in the U.S. Navy and as a civilian electrician. During his service, Pritt served aboard the USS Purdy as a machinist mate from …
Jurisdiction: United States District Court for the Southern District of Florida Plaintiff Douglas S. Johnson, one of the surviving children and personal representative of the estate of decedent French E. Johnson, filed an amended complaint against 50 defendants, including The Dow Chemical Company. The amended complaint alleged that decedent developed mesothelioma due to his exposure …
Court: Supreme Court of New York, Appellate Division, First Department In September 2023, the trial court denied talc defendant Colgate-Palmolive Co.’s motion for summary judgment to dismiss the complaint against it. On appeal, the First Department unanimously reversed and granted Colgate’s motion. “When a foreign resident’s exposure to a toxin occurs in foreign states, New …
Court: Supreme Court of New York, Appellate Division, First Department In November 2023, a jury awarded plaintiff $15m for past pain and suffering and found defendant Kaiser Gypsum Company 70-percent liable. Kaiser subsequently filed post-trial motions, which were denied. The instant appeal followed. First, on appeal Kaiser argued that the trial court should not have …
Court: United States District Court for the Southern District of New York Plaintiff Brian Joseph Gref alleged that his use of talcum-powder products caused his diagnosis of peritoneal mesothelioma. During the course of discovery, the court ordered that plaintiff’s medical reports were to be served on defendants by December 15, 2021. Plaintiff served Dr. Jacqueline Moline’s expert …
Jurisdiction: Court of Appeals of Iowa We previously reported on this matter involving the decedent, Charles Beverage, who was employed as an independent contractor at an aluminum plant between the 1950s and the mid-1970s. Following his death in October 2015, the decedent’s estate filed a products liability suit against several defendants, including Alcoa Inc., the …
The Environmental Protection Agency announced on March 18 a final rule to prohibit the use of chrysotile asbestos in the United States. Although numerous types of asbestos exist, chrysotile is unique in that it is the only form imported into the country. Industries such as the chlori-alkali industry continue to utilize asbestos products, with imports …
U.S. District Court for the Eastern District of Louisiana Decedent Terry J. LeGendre worked for defendant Huntington Ingalls, Inc. (Avondale) from October 1967 to January 1968. He was later diagnosed with and died from mesothelioma. Prior to the May 2024 trial, defendants General Electric Company, Paramount Global, Eagle Inc., Foster Wheeler LLC, Uniroyal, Inc., and …