Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Supreme Court of New York, New York County Plaintiff Jane Wixted, individually and as executrix of the estate of decedent Thomas Wixted, filed the instant lawsuit claiming that the decedent was exposed to asbestos in connection with pumps manufactured by Milton Roy. Between 1964 and 1976, the decedent worked in various positions at the …
Philadelphia Court of Common Pleas, Philadelphia, Pennsylvania On Thursday, December 22, 2022, a Philadelphia jury handed down a $25 million verdict in an asbestosis case brought by the law firm of Nass Cancelliere. The award was comprised of $15 million in non-economic damages to 76-year-old plaintiff, Richard Daciw, and $10 million in loss of …
Court: Supreme Court of New York, New York County In this asbestos action, the defendant, Francesco Carboni, alleged asbestos exposure working on automobiles for Zumbach Sports Cars. The defendant, Porsche Cars North America, moved for summary judgment, arguing that the decedent was not exposed to asbestos from any PCNA products. The plaintiff Susan Carboni opposed …
Court: Supreme Court of New York, Appellate Division, Third Department In this asbestos action, the plaintiff, Albert Howard, contends that he developed mesothelioma following his service in the United States Navy from 1961 to 1978. During this time, he alleged asbestos exposure from working with pumps, including Armstrong pumps, while serving on various submarines whose …
Jurisdiction: Superior Court of Pennsylvania Richard and Pamela Shellenberger filed a lawsuit to recover damages from several defendants, including Mr. Shellenberger’s employers — Kreider Dairy Farms Inc. and Noah W. Kreider & Sons LLP (Appellees) — as a result of his exposure to asbestos and subsequent mesothelioma diagnosis, from which he ultimately died. Specifically, they …
In asbestos litigation, it is common for plaintiffs to demand punitive damages, alleging that the conduct of some or all of the defendants was so egregious that the defendants must pay exemplary damages. Unlike compensatory damages, the purpose of punitive damages is not to compensate the plaintiff but rather to punish a defendant for reckless …
Plaintiff Edith Niedert alleged that she developed lung cancer as a result of her exposure to asbestos from laundering the clothing of her husband, Paul Niedert. From 1956 to 1993, Mr. Niedert was employed as a plumber and steamfitter, and was responsible for removing and installing Goodyear gaskets and gasket-containing materials. The plaintiff was diagnosed with …
Court: United States District Court for the Western District of Washington Plaintiff Jeffrey Cockrum alleged exposure to asbestos from his work as a laborer and laboratory technician at Alcoa Wenatchee Works, an aluminum smelting facility. The plaintiff was diagnosed with epithelioid mesothelioma in March 2022. In June 2022, he filed the instant lawsuit in King …
Plaintiff Paul M. Moutal was diagnosed with lung cancer in January 1999 and alleged that his lung cancer resulted from exposure to asbestos from his time as a handyman, laborer, and carpenter in the 1960s and 1970s. During his discovery deposition, the plaintiff identified various products that allegedly contained asbestos, including floor tiles manufactured by …
Court: United States Bankruptcy Court, District of New Jersey On December 16, 2022, LTL Management LLC, formerly known as Johnson & Johnson Consumer Inc., filed a complaint against Dr. Jacqueline Moline (expert for the plaintiffs’ bar in asbestos litigation) in the United States Bankruptcy Court, District of New Jersey. In this action, LTL generally seeks to recover …