Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In this NYCAL case, the plaintiff alleged that his development of peritoneal mesothelioma was a result of his exposure to asbestos in the 1980s from dismantling and salvaging scrap metal from steam systems in vacant buildings. The lower court denied the motion for summary judgment by the defendant, valve manufacturer Powell Company. On appeal, the … Continued
In this federal court case, the decedent, Charles Nuutinen, is alleged to have been exposed to asbestos while working as a pipefitter from 1959 through 1996 at various jobsites in Wisconsin, including the Point Beach Nuclear Power Station. The defendant, CBS, the entity responsible for turbine manufacturer Westinghouse Electric Corporation, moved for summary judgment on the … Continued
In this federal court action, it is alleged that the plaintiff, Graham Yates, was exposed to asbestos brake products while working in various employment positions and from working on his own vehicles. The defendants, Ford Motor Company and Honeywell International, Inc. moved in limine on several different grounds to preclude case reports. The court ruled as follows: The … Continued
In this federal court action, it is alleged that the plaintiff, Graham Yates, was exposed to asbestos brake products while working as a gas station attendant from 1956-1957, as a parts salesman and delivery driver for a Ford dealership in the 1960s, as a clerk in an automobile parts warehouse from 1961-1962, and from working … Continued
The plaintiffs in this federal court case alleged that the decedent, Douglas Hayes, died from mesothelioma as a result of his exposure to asbestos “while living on the family farm in the following ways: (1) secondary exposure from father’s clothing from birth to the late 1960s, (2) while working on three Case [CNH] tractors, (3) … Continued
In both of the following cases, the federal court remanded the actions back to state court. In the first action, the plaintiffs, the adult children of the decedent, alleged their father was exposed to asbestos while serving in the Navy as a boiler technician from 1960 to 1988. Several defendants moved to remove the case … Continued
In this case brought under the Jones Act, 46 U.S.C.A. 30104, the decedent, Earl Criswell, was allegedly exposed to asbestos during his time as a Merchant Marine aboard various defendants’ vessels. The appellees, Atlantic Richfield Company and Sunoco, Inc. were both granted summary judgment. The plaintiff appealed, arguing that the lower court failed to view the evidence … Continued
In this NYCAL case, the plaintiff’s decedent, Charles Hillyer, allegedly developed mesothelioma from asbestos exposure during his work as a steamfitter between 1960 and 1983. At the time of trial, there were three remaining defendants: Burnham; Cleaver Brooks, Inc.; and William Powell Company. Cleaver Brooks settled during the trial and William Powell obtained a voluntary discontinuance from … Continued
In two asbestos cases, Owens Illinois, Inc. sought to exclude an opinion by the plaintiffs’ experts that “any exposure to asbestos, no matter how slight, remote or insignificant, is a cause or substantial contributing factor in causing Plaintiffs’ diseases.” The company also sought to exclude the testimony and testing of William Longo under FRE 702. The … Continued
The plaintiff commenced this action alleging exposure to asbestos as a brake mechanic at various locations, with his last claimed exposure to Ford brakes in 1960 and Bendix brakes in 1962. In a pretrial motion in limine, defendants Ford and Honeywell sought to exclude all different types of post-exposure evidence the plaintiff sought to introduce at trial. … Continued