Real-Time Court Decisions and Other Developments in Asbestos Litigation.
On April 5, 2022, the Environmental Protection Agency (“EPA”) announced proposed regulation that would prohibit the use, manufacture, and import of chrysotile asbestos, also known as ‘white asbestos.’[1] Chrysotile asbestos is the most commonly used variety of asbestos in the United States and can be found in certain products, including brake pads and linings, gaskets, …
New York Court of Appeals, April 26, 2022 The plaintiff’s decedent, Florence Nemeth, was diagnosed with peritoneal mesothelioma in 2012 and passed away in 2016. She and her husband filed suit against numerous defendants, alleging that Ms. Nemeth’s exposure to asbestos-containing products throughout her lifetime caused her mesothelioma. Ms. Nemeth was deposed prior to her …
Supreme Court of New York, New York County, April 24, 2022 The defendant, PB Heat LLC, filed a motion to dismiss the plaintiff’s complaint and a motion to impose sanctions. The plaintiff filed suit against PB Heat claiming exposure to asbestos, arguing that the doctrine of successor liability is applicable to PB Heat. PB Heat …
United States District Court for the Eastern District of Louisiana, April 18, 2022 In this case, the plaintiff moved for summary judgment as to general causation of his mesothelioma diagnosis. Eight defendants filed five oppositions to the plaintiff’s motion; however, they largely did not challenge the plaintiff’s mesothelioma diagnosis or asbestos as its cause. Rather, …
U.S. Court of Appeals for the Fifth Circuit Plaintiff Leopoldo Mendoza-Gomez worked for 20 years as a laborer for the defendant, Union Pacific Railroad Company. He alleges that, while working for Union, he was exposed to various toxic substances including asbestos, and that he was diagnosed with cancer and asbestosis in 2019. In response to his …
Missouri Circuit Court, Twenty-Second Judicial Circuit, March 10, 2022 Plaintiff William Trokey was a part-time mechanic who worked with asbestos-containing brakes. At a trial in St. Louis City, he alleged that he developed mesothelioma as a result of this exposure, supporting his claim with testimony from one medical expert. Following a trial, the plaintiff was …
Supreme Court of New York, New York County, March 14, 2022 In this matter, plaintiff Dominic Baldi worked as an electrician in public schools and was exposed to asbestos throughout his career. The plaintiff filed the Notice of Claim on April 10, 2020, putting the defendant, Amityville Union Free School District, on notice of this …
Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport, February 18, 2022 In this asbestos action, defendant Ametek, Inc. moved to dismiss the complaint by plaintiffs Maria and Carmelo Patti. The plaintiffs alleged that Mrs. Patti was exposed to asbestos from products manufactured and supplied by Ametek to her employer, Grieco Brothers, which caused …
United States District Court for the Northern District of Illinois, Eastern Division; April 11, 2022 The plaintiffs, George Lishman and Vicki Lishman filed a complaint on January 26, 2021 against Alfa Laval Inc., (“defendant” or “Alfa Laval”) in addition to other defendants, alleging that Mr. Lishman developed mesothelioma resulting from exposure to the defendants’ asbestos-containing …
United States District Court for the Eastern District of Pennsylvania, April 1, 2022 The decedent’s widow brought this suit on behalf of the decedent alleging that the decedent’s occupational exposure to asbestos during his time in the Navy is attributable to turbines manufactured by the Westinghosue Corporation. The plaintiff also brought suit against the defendant …