Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Western District of Pennsylvania, February 15, 2022 In this asbestos action, Carl Gay alleged that he developed mesothelioma after a forty-year career. From 1974 until 1976, Gay worked as a quality control supervisor for engineering company Stone & Webster at the Beaver Valley Nuclear Power Station, which was owned and …
U.S. District Court for the Eastern District of Louisiana, February 11, 2022 The decedent died of mesothelioma caused by exposure to asbestos. The decedent’s husband allegedly exposed the decedent by wearing clothing covered in asbestos fibers from his work as a laborer and welder at Avondale. The decedent’s heirs filed suit against several defendants. Avondale asserted a …
In July 2020, we reported on Iowa’s passage of legislation intended to significantly reduce or eliminate the over-naming of defendants in asbestos and silica litigation. Since then, three additional states have enacted similar legislation: West Virginia, North Dakota, and Tennessee. West Virginia On March 31, 2021, the West Virginia legislature passed House Bill 2495. The bill outlines …
U.S. Court of Appeals for the First Circuit, January 31, 2022 In this matter, plaintiff Michael Moore served in the Navy working as an electronics technician aboard the USS Francis Scott Key from 1965 to 1969. He alleged that he was exposed to asbestos during the construction of the submarine, and sued Electric Boat Corporation, …
Superior Court of Pennsylvania, January 26, 2022 In these asbestos actions, Kelly Smith, the executrix of the estate if Daniel R. Harrity, and Maxine Rosenkeimer, the executrix of the estate of Arthur W. Rosenkeimer, appeal a December 2020 order dismissing all claims and parties and an August 2020 order granting summary judgment to Appellee Vanadium …
U.S. District Court for the Western District of North Carolina, Asheville Division, January 26, 2022 In this asbestos action, plaintiff Rita W. Barkley alleges that she contracted mesothelioma from laundering her father’s work clothes. Foster Wheeler, the only remaining defendant in this action, moved for summary judgment with respect to all of the plaintiff’s claims, …
Supreme Court of New York, New York County; January 18, 2022 In this matter, the plaintiff filed an asbestos-related personal injury action against defendant American Biltrite alleging that the decedent was exposed to asbestos from working with American Biltrite floor tiles. American Biltrite moved for summary judgment to dismiss the action, and the motion was …
Supreme Court of New York, New York County; January 14, 2022 In this asbestos-related action, defendant Dykes Lumber Company, Inc., filed a motion to dismiss on the grounds that the plaintiff failed to establish that he was exposed to asbestos from joint compound sold by Dykes Lumber or, alternatively, that there was insufficient evidence to …
Court of Appeals of Washington, Division One; January 24, 2022 The decedent, Duane Hickson, filed an asbestos-related lawsuit alleging he was exposed to asbestos when he worked as a pipefitter throughout his life, including at the Atlantic Richfield Company (ARCO) Cherry Point Refinery. In April 2019, the decedent was diagnosed with mesothelioma and subsequently passed …
Supreme Court of New York, New York County, January 12, 2022 The defendant Graybar Electric Company filed a motion for partial summary judgment, arguing that the plaintiff’s claim for punitive damages ought to be dismissed citing that punitive damages are inappropriate because the plaintiff only encountered Graybar’s product once during his career. The plaintiff’s opposition …