Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Jurisdiction: NYCAL A Manhattan jury handed down a $23 million verdict Dec. 21 in a living mesothelioma case brought by the law firm of Weitz & Luxenberg. The jury awarded compensatory damages to 81-year-old plaintiff James McWilliams, designating $13 million for past pain and suffering and $10 million for future pain and suffering. Mr. McWilliams …
United States District Court for the Eastern District of Louisiana, Jan. 13 Plaintiff Glen King alleged that his exposure to asbestos during the course of his employment with the United States Navy, Louisiana State University, and BASF Corporation caused him to develop mesothelioma. He sued various defendants including Union Carbide, alleging in his negligence claim …
Court: United States District Court for the Eastern District of Louisiana In this asbestos action, decedent Gayle LeBeau alleged take-home exposure to asbestos from her father and brother’s work at the Avondale Shipyards. After decedent filed her claim in state court, defendant Huntington Ingalls Incorporated (“Avondale”) removed the case to federal court. Plaintiffs moved to …
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 …