Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In an effort to halt asbestos fraud, Utah Governor Gary Herbert signed into law a bill to prevent plaintiffs’ lawyers from, on behalf of a single client, seeking money from multiple asbestos trusts while additionally bringing a lawsuit. As stated by Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, this law “will …
This action was originally commenced by the plaintiff in the Southern District of New York and alleged that the decedent, Pedro Rosado-Rivera, was exposed to asbestos-containing auto-body filler while working in auto shops in New York (1959-1968), Puerto Rico (1968-1992) and then thereafter in Florida. The defendant BASF Catalysts LLC’s, joined by other defendants Superior …
The plaintiff alleged that her husband was exposed to asbestos from brakes, and as a result died from mesothelioma. She sued Honeywell International, as successor-in-interest to Bendix, alleging negligence, breach of implied warranty, fraud, failure to warn, and wrongful death, and asked for actual and punitive damages. Bendix moved for summary judgment on the breach …
After the decedent was diagnosed with mesothelioma, he and his wife filed suit against 31 companies alleging asbestos exposure. The case was removed to federal court and transferred to the Eastern District of Pennsylvania MDL. Four defendants — Crane Company, CBS Corporation (Westinghouse), Goulds Pumps, and Air & Liquid Systems Corporation (Buffalo) — were granted summary judgment …
In this case, the plaintiff, Frank Williams, brought an action in the Civil District Court for the Parish of Orleans for exposure to asbestos while working as a mechanical engineer for Lockheed Martin. Lockheed Martin removed the case to on the basis of a potential federal defense. The plaintiff filed a motion to remand, but …
In this take-home exposure case, the plaintiff was diagnosed with malignant epithelial mesothelioma (MEM) on or about August 5, 2010 and commenced her case against various defendants on November 5, 2012. After joinder of issue and discovery, several defendants moved for, and were granted, summary judgment, arguing that the plaintiff’s action was time-barred pursuant to …
In this case, the decedent, James McIndoe, was alleged to have been exposed to asbestos pipe insulation while serving aboard the USS Coral Sea, built by Huntington Ingalls Inc., from 1961–63 and the USS Wordern, built by Bath Iron Works Corporation from 1966-67. The case was removed to federal court under the federal officer removal …
On Monday, March 28, 2016, Judge Graham Mullen of the Western District of North Carolina granted Garlock Sealing Technologies’ motion to stay the four racketeering lawsuits fired against it. Judge Mullen granted Garlock’s motion based on the parties’ “consent and for good cause shown.” In its motion, Garlock explained that it reached an agreement on …
The plaintiff brought an action for alleged development of mesothelioma as a result of asbestos exposure on April 15, 2014. After the plaintiff passed on July 7, 2015, his wife filed a second amended complaint, adding a wrongful death and survival claim on October 28, 2015. The defendant removed the case based on diversity jurisdiction …
The plaintiff alleged the decedent was exposed to asbestos while serving in the Navy from 1947-52, and while on board the USS Charles H. Roan. Defendants Foster Wheeler and General Electric removed to federal court pursuant to the federal officer statute. Foster Wheeler moved for summary judgment based on: (1) the government contractor defense; (2) …