Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Following a five week trial and after two jurors asked to be excused during jury deliberations, former New York Assemblyman Sheldon Silver was convicted on all seven corruption charges arising from two deals that netted him approximately $4 million in kickbacks. One deal involved the transfer of $500,000 in State funds to Silver’s friend, Dr. …
The plaintiff commenced this case after the Ohio Bureau of Workers’ Compensation denied her request for widow’s benefits of her late husband, who died from lung cancer allegedly due to asbestos exposure while working at General Motors. General Motors argued that the decedent’s long-time smoking habit of one to two packs of cigarettes per day …
The plaintiff developed mesothelioma and asserted asbestos exposure to valves from Fisher Controls International LLC through his work in various states, including New York. Fisher moved for summary judgment and dismissal of various counts if its summary judgment was denied. The court denied the summary judgment, but granted dismissal of certain counts because these were …
The decedent died of several asbestos related diseases in 2011; he was diagnosed with these diseases in 2003. The plaintiff brought a wrongful death claim against manufacturers and distributors of asbestos containing products, and the defendants moved for summary judgment, arguing that the plaintiff could not bring a wrongful death claim because the decedent failed …
The decedent was diagnosed with mesothelioma and alleged take-home asbestos exposure from the work of her father with defendant Port Authority Transit Corporation (PATCO) and also alleged exposure from her father’s personal automotive work. The decedent’s father repaired and maintained air brake systems on PATCO’s locomotives. Railroad defendants (Delaware River Port Authority, Railroad Friction Products Corporation, …
The plaintiff brought this case alleging that his asbestosis and mesothelioma was caused by asbestos exposure during his employment with United States Navy. Several defendants were dismissed from the action, leaving electrical component manufacturer, Westinghouse as the sole remaining defendant, against whom plaintiff claimed exposure to asbestos from arc chutes contained in Westinghouse electrical products. …
In this NYCAL case, it was alleged that the decedent was exposed to asbestos from work he and others in his vicinity performed with Johns Manville (JM) transite pipe. The plaintiff moved for a spoliation charge, alleging that in 1990 JM was grossly negligent in the disappearance of more than 10 banker boxes of business …
In the world of asbestos, the predominant claim against defendants is that they should have warned against the dangers of asbestos. Typically, plaintiffs prove exposure to a product, absence of any warning (or an adequate warning) and damages. The jury verdict sheet simply reads something like, “Was defendant negligent in manufacturing, selling or supplying a …
The plaintiffs sued various defendants for negligence, strict liability, and loss of consortium after the plaintiff developed mesothelioma; his widow continued the suit after he passed. The case was removed to federal court based on 28 U.S.C. Section 1442, the federal officer statute. The remaining defendants – Georgia Pacific, IMO Industries, Crane Company, John Crane, …
On November 18, 2015, a jury in California Superior Court for Alameda County awarded a near $7 million verdict against Union Pacific Railroad in a FELA case following a six week trial. The court had previously determined that $451,265.00 was the amount of economic damages. $6.5 million was awarded by the jury for non-economic loss …