Asbestos Case Tracker - Page 45 of 200

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January 4, 2022 • Asbestos Case Tracker, Asbestos Litigation Analysis

EPA Publishes Draft Scope of Its Part 2 Risk Evaluation for Asbestos: Will the EPA Revisit Attempts to Implement a Nationwide Ban on Asbestos?

On Wednesday, December 29, 2021, the United States Environmental Protection Agency (EPA) published the draft scope of the “Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos”. While more than 60 nations have comprehensive asbestos bans, the United States is undergoing a lengthy asbestos “risk evaluation”. As Part …

December 28, 2021 • Asbestos Case Tracker, Pennsylvania, Pleadings Challenge

Denial of Rail Defendant’s Forum Non Conveniens Motion Reversed on Appeal

Superior Court of Pennsylvania, December 21, 2021 The plaintiff filed a complaint against CSX Transportation, Inc. (CSXT) pursuant to the Federal Employers’ Liability Act alleging that his employment-based exposure to asbestos, diesel exhaust/fumes, and second-hand smoke either caused or contributed to the development of his colon cancer. The plaintiff worked for CSXT and its predecessors …

December 28, 2021 • Asbestos Case Tracker, Louisiana, Summary Judgment

Employer’s Motion for Partial Summary Judgment under Louisiana Workers’ Compensation Act is Denied

U.S. District Court for the Eastern District of Louisiana, December 20, 2021 The plaintiff filed suit alleging that he was diagnosed with mesothelioma as a result of exposure to asbestos spanning from the 1950s to 1980s, including take-home exposure from his father’s and brother’s work at Avondale Shipyards, personal exposure from his own work at …

December 16, 2021 • Asbestos Case Tracker, New York

Denial of Summary Judgment to Flooring Defendants Affirmed on Motions to Reargue

Supreme Court of New York, New York County, December 6, 2021 Defendants American Biltrite and Mannington Mills moved to reargue their motions for summary judgment, arguing that the court overlooked and misapprehended facts in denying the same. On the motions to reargue, the court first found that both defendants failed to establish that the court …

December 16, 2021 • Asbestos Case Tracker, New York, Personal Jurisdiction

Plaintiffs Granted Jurisdictional Discovery from Valve Manufacturer Following Personal Jurisdiction Motion

Supreme Court of New York, New York County, December 2, 2021 The defendant, Jenkins Bros, moved to dismiss the plaintiffs’ complaint for lack of personal jurisdiction. Specifically, Jenkins argued that it is not incorporated in New York, does not have its headquarters in New York, and does not maintain its principal place of business in …

December 16, 2021 • Asbestos Case Tracker, Insurance Coverage

Court Declines to Apply Efficient Proximate Cause to Negligent Disturbance of Asbestos in Construction

U.S. District Court for the Western District of Washington, December 14, 2021 An insurance coverage dispute arose out of an action by Northshore School District against Beresford for a construction project in which Beresford allegedly improperly and negligently disturbed asbestos-containing materials requiring extensive remediation, cleaning, and repairs. Beresford tendered its defense to Travelers, which denied …

December 14, 2021 • Appeal, Asbestos Case Tracker, Washington

Premises Defendant Appeal Unsuccessful, Verdict Upheld

Court of Appeals of Washington, Division One, December 14, 2021 From the mid-1950s until 1988, ExxonMobil operated a refinery in Ferndale, Washington. In 1979, Northwestern Industrial Maintenance (NWIM) contracted with Mobil to perform maintenance jobs at the Mobil refinery in Ferndale. NWIM employed the decedent, Warren Wright, as a working foreman at the Ferndale facility. …

December 10, 2021 • Asbestos Case Tracker, Maritime/Admiralty Law, Summary Judgment

Report and Recommendation on 20 Motions for Summary Judgment Based on Product Identification and Causation Adopted

U.S. District Court for the Western District of Pennsylvania, December 2, 2021 In this matter the plaintiff, Darlene Data, sued numerous defendants on behalf of her husband, Michael Data, who was diagnosed with mesothelioma in January 2019 and died on February 6, 2020. Mr. Data served in the United States Navy from June 1969 to …

December 7, 2021 • Asbestos Case Tracker, General

Forty Years Later: How a Prediction Made By Epidemiologists in 1982 Holds Up in 2022

In 1982, epidemiologists predicted that the incidence of asbestos-related malignant diseases would begin to decline by the late 2000s. Forty years later, with 2022 beginning in less than a month, the question is: were they right? Asbestos was widely used in industrial and other work and residential settings through the early 1970s. Asbestos consumption in …

December 7, 2021 • Asbestos Case Tracker, Expert Challenges, North Carolina

Plaintiffs’ Experts Fail to Calculate Dose of Exposure; Specific Causation Opinions Precluded

U.S. District Court for the Western District of North Carolina, Asheville Division, December 6, 2021 Plaintiffs David L. Settlemyer and Jan Settlemyer filed the complaint for their asbestos-related action on December 12, 2019, alleging that Mr. Settlemyer contracted mesothelioma from his work as an automobile and truck mechanic for various employers from 1979 through the …