Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Lung cancer claiming in asbestos litigation is not gone. To the contrary, a very recent report from KCIC points out the numbers, including 60 lung cancer filings this year by Napoli Shkolnick, 54 cases by Weitz & Luxenberg, and 35 by the Simmons firm. More broadly, KCIC explained: Lung cancer filings make up about 24 …
The decedent’s family filed a complaint in state court, which was removed to federal court by Crane Co. based upon the federal officer defense. The plaintiffs filed a motion to remand or, in the alternative, to sever all claims other than those against Crane and to remand all other claims. The motion to remand was …
The petitioner filed suit against various entities after developing mesothelioma, alleging asbestos exposure while working for Square D in Cedar Rapids, Iowa from 1971-76. Due to her extremely bad and rapidly deteriorating health, the petitioner sought a court order authorizing her oral and videotaped deposition for use in her anticipated lawsuit for either personal injury …
Debtors filed voluntary petitions for relief in the United States Bankruptcy Court; certain debtors’ subsidiaries have potential liability related to former employees’ alleged exposure to asbestos in power plants owned or operated by debtors’ predecessors. The bankruptcy court issued an order setting a bar date for all asbestos claimants, establishing requirements for proofs of claim …
Troy Belting & Supply Co. was named as a defendant in lawsuits alleging bodily injury caused by exposure to asbestos from products it manufactured. It became involved in a dispute with its insurers over coverage for the costs of settling such lawsuits. Pacific Employers provided coverage for Troy Belting from 1974 to 1984, and various …
The plaintiff was an industrial and commercial electrician diagnosed with malignant pleural mesothelioma. He and his wife filed a complaint alleging negligence against various defendants. The plaintiffs argued defendants were vicariously liable for the acts of their independent contractor employees (non-delegable duty doctrine), those of their own employees (respondeat superior), and as premises owners. Defendants …
The plaintiffs filed suit in the Court of Common Pleas, First Judicial District, Philadelphia County, against various defendants claiming that the decedent, who had been employed since the 1950s as a millwright in multiple power plants and steel mill factories, developed work-related malignant mesothelioma from exposure to asbestos and to products containing asbestos. This state …
Larry Smith worked on various drilling rigs from the mid-1960s until the early 1990s. He was also a heavy smoker. He was diagnosed with lung cancer and died shortly thereafter. His widow and other heirs filed a wrongful death action against several defendants in 2006. At trial, only Union Carbide Corporation, Montello, Inc., and Chevron …
Depending on the state, liability of a premise owner in a take-home toxic tort case will hinge either on foreseeability of harm or the relationship of the parties. This distinction is illustrated below in two recent take-home exposure cases, one from New Jersey and one from Arizona. In the New Jersey case, Schwartz v. Accuratus …
The U.S. District Court for the Eastern District of North Carolina denied the motion for summary judgment of defendant Union Carbide Corporation in a case involving alleged exposure to raw asbestos fiber allegedly in joint compound. James Lee was a painter in North Carolina from the late 1960s into the 2000s, and during that time …