Real-Time Court Decisions and Other Developments in Asbestos Litigation.
General Refractories Company (GRC) has been named as a defendant in over 30,000 asbestos lawsuits since 1978. In 2002, GRC tendered to it excess carriers, including Travelers Casualty (Travelers) and Surety Company (formerly The Aetna Casualty and Surety Company) under a 1985-86 policy. Travelers denied coverage under an asbestos exclusion. GRC proceeded to settle many …
In this federal court case, decedent Richard Bell alleged exposure to asbestos while performing car maintenance from 1964 through the late 1970s. Defendant Honeywell, as successor of Bendix, moved for summary judgment, arguing that the decedent’s wife’s deposition testimony that the decedent used Bendix brakes with the word “asbestos” on the packaging was hearsay; that …
U.S. District Judge Graham Mullen affirmed a previous judge’s refusal to quash subpoenas issued by Garlock Sealing Technologies to 29 law firms, including Baron & Budd, Brayton Purcell, and Williams Kherker Hart Boundas. Garlock argued that the client records sought from these firms could help establish a pattern of racketeering by Belluck & Fox. Though …
On Tuesday, October 6, 2015, U.S. District Judge Eduardo Robreno ordered a stay on a dozen nearly-identical asbestos claims brought by plaintiffs who had previously sought bankruptcy protection. Judge Robreno stated in all of them that the plaintiffs’ trustees must be given the choice of either pursuing or abandoning the claims. In one such case, …
On September 29, 2015, the Supreme Court of Pennsylvania denied the appeal of the executor of the estate of James Markovsky. Markovsky, who had argued that a statute regulating asbestos-related liability should be found unconstitutional, had petitioned for appeal after the Superior Court of Pennsylvania affirmed a grant of summary judgment in favor of Crown …
Plaintiff Larry English commenced this wrongful death mesothelioma case by claiming that his wife, Sherry English, was exposed to asbestos on Mr. English’s clothing. Mr. English, who worked for a variety of Ford dealerships between 1968 and 2011, worked with gaskets, brakes, and clutches. His claim is that the asbestos from these products remained on …
Defendants Crown Cork & Seal, CBS Corporation, General Electric, Crane Co., Gardner Denver, John Crane, Link-Belt Construction Equipment, and Riley Power filed motions for summary judgment pursuant to Federal Rule of Civil Procedure 56. The case had been removed to federal court pursuant to the Federal Officer Removal Statue. The plaintiff alleged he developed pleural …
The plaintiff brought a claim under the Federal Tort Claims Act (FTCA) alleging asbestos exposure while a crew member on two tugboats the Navy leased to his employer, General Dynamics Corporation. The plaintiff also brought a products liability claim under Connecticut law, and his wife brought a loss of consortium claim. The defendant moved to …
In this NYCAL mesothelioma case, the plaintiff worked as a plumber from 1984-1996, disassembling plumbing equipment including Cleaver Brooks cast iron sectional boilers. Cleaver Brooks initially moved for summary judgment on the grounds that a plumber such as the plaintiff was not a foreseeable user of the product, which the lower court denied. The Appellate …
In these two cases from Delaware, the defendants’ motions to dismiss based on personal jurisdiction were denied. Defendants subsequently sought certification of their interlocutory appeals pursuant to Del. Sup. Ct. 42. The court denied defendants’ applications in both cases, pointing to the “substantial issue of material importance” prong of the Rule 42 requirements. The court …