Asbestos Case Tracker - Page 182 of 200

LATEST INSIGHTS

December 1, 2015 • Asbestos Case Tracker, Asbestos Litigation Analysis, Science

New Developments in Molecular Science Relevant to Asbestos and Lung Cancer Claims

Scientific advances and molecular insights relevant to asbestos and lung cancer are exploding — especially topics related to an assessment of causation. These advances are chronicled in molecular studies related to genomics, proteomics, epigenetics, and transcriptomics. These molecular studies are transforming so-called “black-box epidemiology,” providing us with a higher degree of specificity that will ultimately allow us …

December 1, 2015 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, State>Illinois, Summary Judgment

Applying Maritime Law, Plaintiff Unable to Provide Sufficient Evidence Linking Decedent to Any John Crane Product

In this federal court case it was alleged that the decedent, Richard Bell, was exposed to asbestos while serving on the USS Franklin D. Roosevelt from 1960-64. Defendant John Crane Inc. moved for summary judgment, arguing that maritime law applies and the plaintiff’s evidence fails to prove that decedent was exposed to any of its …

December 1, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, State>Illinois

Federal Court Grants Remand to Madison County Based on Plaintiff’s Waiver of Any Claims Related to His Military Service

In this case, the plaintiff originally filed the action in the Third Judicial Circuit, Madison County, Illinois alleging exposure to asbestos as an aircraft mechanic, helicopter mechanic, and laborer at various locations throughout the United States between 1958 and 2006. The plaintiff’s work on helicopters was while he served in the U.S. Army. Defendant Boeing …

December 1, 2015 • Asbestos Case Tracker, Other Asbestos News

Former NY Assemblyman Sheldon Silver Convicted On All Seven Corruption Charges

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. …

December 1, 2015 • Asbestos Case Tracker, Case Decisions, Ohio

Ohio Appellate Court Affirms Jury’s Verdict Entitling Widow to Worker’s Compensation Benefits After Husband Died of Lung Cancer Allegedly Due to Asbestos Exposure at General Motors

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 …

December 1, 2015 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

New York Court Addresses Jurisdiction, Product Identification, and Duty to Warn Issues in Denying Valve Manufacturer’s Summary Judgment

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 …

November 24, 2015 • Asbestos Case Tracker, Case Decisions, Statute of Limitations, Washington

Decedent’s Failure to Bring Personal Injury Claims for Known Asbestos Injuries Within Statute of Limitations Period During His Lifetime Barred Wrongful Death Suit

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 …

November 23, 2015 • Asbestos Case Tracker, Case Decisions, New Jersey, Summary Judgment

State Claims Against Railroad Defendants Preempted by Federal Law, Even If Operator of Locomotives Not Subject to Federal Regulation

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, …

November 20, 2015 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Virginia

Plaintiff’s Reliance on Precluded Expert Report Results in Dismissal of Action

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. …

November 20, 2015 • Asbestos Case Tracker, Case Decisions, Motions in Limine, New York

NYCAL Court Grants Spoliation Motion Against Pipe Manufacturer for Lost and Destroyed Company Documents

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 …