Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In this NYCAL case, a New York City jury found that Con Edison, as the premises owner, was 30 percent responsible for the plaintiff’s asbestos-related injuries under New York’s Labor Law § 200(1). On a post-trial motion, the trial court ruled that “absent legally sufficient evidence demonstrating, as a matter of law, that Con Edison … Continued
In two decisions issued Thursday out of the Eastern District of Missouri and the Southern District of Illinois, the courts reached different conclusions as to whether the respective plaintiffs sufficiently pleaded causes of action against the defendants under Federal Rule of Civil Procedure 12(b)(6). In Campbell v. ABB Inc., the defendant Raypack moved to dismiss the … Continued
In this California federal court case, plaintiffs Billy and Diana Jeffrey commenced an action generally claiming Mr. Jeffrey had asbestos exposure at numerous worksites spanning from 1962 to 1976. Several defendants moved to dismiss the complaint for failure to state a cause of action on the grounds that the plaintiffs’ complaint merely listed jobsites and … Continued
In this case, the plaintiff worked and lived in the state of Tennessee for his entire life, with the exception of one year living in Maryland while working at Bethlehem Steel. The majority of his asbestos exposure occurred in Tennessee, which is also where he was diagnosed and treated for mesothelioma. The court had previously granted the motions of … Continued
In this case, the plaintiff claimed that the decedent, Alan McMann, was exposed to asbestos-containing non-skid materials as a bystander that were applied to the deck of the USS Firedrake. Defendant SB Decking, the alleged manufacturer of the non-skid material, moved for summary judgment on the ground that plaintiff did not prove that the non-skid … Continued
In this case, the plaintiff claimed that the decedent was exposed to asbestos-containing insulation and winch brakes aboard various dredges and commercial vessels on which he worked over the years. “[P]laintiff asserted a Jones Act negligence claim under 46 U.S.C.A. § 30104 and a general maritime unseaworthiness claim under 28 U.S.C.A. § 1333.” The defendants, … Continued
In this case, the defendant, Lockheed, moved for reconsideration of the prior decision from the U.S. District Court for the Western District of Washington that there was sufficient evidence establishing a causal link between original asbestos allegedly installed by Lockheed and decedent John McCrossin’s asbestos exposure. In accordance with five decisions out of the Eastern … Continued
In this mesothelioma case, the plaintiff brought suit in Maryland State Court claiming exposure to asbestos products while working at a Baltimore shipyard, which then resulted in some of the defendants removing the case to federal court pursuant to 28 U.S.C. 1442(a)(1) alleging a federal contractor defense. The plaintiff moved to remand, claiming that the … Continued
In this wrongful death case, the plaintiff alleged that his father, decedent Fredrick Laurent, was exposed to asbestos from several different jobs, including while working for the City of New Orleans’ brake tag station from 1958 to 1986. Various motor vehicle manufacturing defendants moved for summary judgment on two grounds: 1) the plaintiff could only … Continued
The plaintiff in this Washington federal court case alleged that the decedent, John McCrossin, was exposed to asbestos from a variety of products, including boilers, while serving in the Navy. Defendant Fraser’s, which maintained that it only assembled boilers, moved for summary judgment raising superseding cause, strict liability, and government contractor arguments. The court found … Continued