Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Plaintiff Mark Hillyer sued multiple defendants, alleging that he developed mesothelioma as a result of exposure to asbestos-containing products while serving in the Navy from 1967 to 1997. His claims were based in negligence, strict liability and loss of consortium. In discovery, the plaintiff was deposed on two occasions but did not produce any other …
The plaintiff, Jerry Charlifue, sued Goodman Lumber Company after he was diagnosed with mesothelioma. He worked as a taper and painter for U.S. Taping Company between 1972 and 1978. His duties involved applying joint compound and smoothing out walls and ceilings where drywall had been hung. The plaintiff worked with dry joint compound for the …
The plaintiff filed a Third Amended Complaint against United Technologies Corporation, alleging that UTC was liable in negligence and strict liability for the allegedly defective warnings accompanying Pratt and Whitney TF-30 aircraft engines and for their allegedly defective designs. The plaintiff claims that these defects led to her husband Darryl Dugas’ exposure to asbestos and …
The plaintiffs moved pursuant to CPLR 602 for an order consolidating four in extremis cases for a joint trial: Herman Anderson, Mercedes Abreu, Patrick Demartino, and Mario Scalera. Defendant Ford opposed consolidation in all four cases. Ingersoll Rand Co. and Aurora Pump Co. also opposed in the Demartino case, Weil-McClain opposed in the Abreu case, Genuine Parts …
Plaintiffs Charles Arbogast and Barbara Arbogast brought this action against multiple defendants for Mr. Arbogast’s alleged development of mesothelioma as a result of his occupational exposure at Bethlehem Steel Sparrows Point Steel Mill, amongst other sites. Several defendants moved for summary judgment, including Eaton Corporation (Cutler Hammer), Foster Wheeler, MCIC, Georgia Pacific (GP), Schneider Electric …
Defendant J-M Manufacturing Company, Inc. moved to vacate the Recommendation of the Special Master finding that J-M waived privilege. In so doing, the defendant argued the Special Master erroneously applied New York law instead of California law in determining that the defendant waived the attorney-client privilege attached to the redacted and unredacted versions of a …
A New Jersey appellate court held that policyholders who continued to manufacture products containing asbestos after 1987 — when coverage for injuries arising from such products was no longer available — need not shoulder any portion of liability for injuries related to asbestos exposure from their products, so long as any portion of such …
The plaintiff brought this action against defendants, including Westinghouse, for Earl Norberg, her decedent’s, alleged development of lung cancer as a result of his work around asbestos containing products while working at the Joliet and Romeoville Power stations. The plaintiff’s fact witness was Mr. Norberg’s brother, Howard, who recalled that he and the plaintiff worked …
In a case previously reported on in ACT, a California jury found for the plaintiffs, Louis Tyler and Elizabeth Tyler and against defendant American Optical Corporation (AOC), the lone defendant remaining at trial, with an award of $22.8 million. This award consisted of $1.8 million in economic damages (medical expenses, lost income, household services, etc.) …
The plaintiff Hershel Mannahan brought an action against the defendants for his alleged development of mesothelioma as a result of his work as a laborer, driller, oiler, truck driver, mechanic, and welder for Peabody Coal Mannahan worked as a welder for Peabody at the Vogue Mine from March 1974 to February 1977 and at Riverview …