Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The plaintiff sued several defendants alleging that he developed lung cancer as a result of exposure to asbestos products of the defendants while he served as a boiler tender in the U.S. Navy from 1976-79. Defendants Atwood and Morill (Atwood) and Carrier Corp. moved for summary judgment. The court’s analysis started with the standard for summary …
The plaintiffs brought this action against several defendants for alleged exposure to asbestos and development of mesothelioma while working as a ship fitter at several shipyards from approximately 1964 until 2014. Defendants Cummins, CBS, and Foster Wheeler moved for summary judgment. Specifically, the plaintiff alleged that he rolled out amosite and cut it with an …
In this case, the plaintiff Gaspar Hernandez-Vega alleges that he developed mesothelioma as a result of his alleged exposure to asbestos-containing products while working as a pipefitter. At his deposition, Hernandez-Vega testified interchangeably to work with “Edward valves,” “Vogt valves,” and “Edward-Vogt valves” that exposed him to asbestos through his changing of the packing and …
On August 25, 2016, the California Supreme Court, without a written opinion, declined to hear a petition to review an appellate panel’s decision to overturn a trial court’s grant of summary judgment to Hennessy Industries Inc. In this case, the plaintiff claimed that the decedent, Frank Rondon, worked as a mechanic using defendant Hennessy’s (Ammco …
The plaintiffs sued multiple defendants including several “citizens” of California. Four days before trial defendant John Crane Inc. removed the case to federal court on diversity. The plaintiff then moved to remand. The court began its analysis by stating the legal standard for removal which permits removal when the federal court could have “exercised original …
The United States Magistrate Judge recommended disposition on five summary judgment motions filed by various defendants in this mesothelioma case wherein plaintiffs alleged asbestos exposure during plaintiff Mark Hillyer’s employment with the U.S. Navy from 1967-1997. The only product identification witness was plaintiff Mark Hillyer, who testified that he was exposed to asbestos through his …
The plaintiff sued multiple defendants, including “asbestos” and “premises” defendants, asserting claims of negligence, strict liability and premises liability based on his alleged asbestos exposure in the City of Coalinga (where he resided from 1959 to 1972) and during his 30-year career as a pipe inspector. Defendant PAC Operating Limited Partnership was sued as a …
Plaintif Katherine Filosi, individually and as executor of the estate of Donald Filosi, filed a complaint against multiple defendants, including American Crane & Equipment Corporation (ACECO). The plaintiff alleged that the decedent Donald Filosi was exposed to asbestos while employed by Boat Corporation (Electric Boat) as a rigger from 1961 to 1998 and, as a …
Plaintiff James Waite and his wife Sandra Waite brought this action against Ford Motor Co. and Union Carbide Corporation (UCC) for Mr. Waites’ alleged development of mesothelioma from his work on brakes and clutches. UCC’s motion to dismiss for lack of personal jurisdiction was at first denied by the Court but then granted on UCC’s …
Plaintiff Larry Hoffman filed suit in the Superior Court of Washington, Pierce County against numerous defendants alleging he developed mesothelioma from exposure to asbestos. Specifically, Hoffman is alleging take-home exposure from his father working as a welder for Ketchikan in Alaska in the 1950s and 1960s. Hoffman also alleges exposure from his own work at …