Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the District of New Jersey, April 14, 2021 In this asbestos action, decedent Arthur Hammell served on the USS Charles H. Roan in the 1960s. During this time, the Roan was equipped with forced draft blowers manufactured by Westinghouse. Westinghouse previously moved for summary judgment on several grounds, all of which …
Supreme Court of New York, New York County In this asbestos action, the decedent, Donald Avakian, was diagnosed with lung cancer in August 2017 and subsequently passed away in June 2019. The decedent contended that he worked with asbestos-containing products throughout his career, including friction products and floor tiles. Two defendants moved for summary judgment. …
Supreme Court of New York, Nassau County, April 12, 2021 Plaintiff William Stodoloski worked as an auto mechanic from 1965 to 1969 and from 1971 to 1978. The plaintiff testified that as a mechanic he performed all aspects of car repair including removing and replacing the defendant’s brakes and clutches. He filed an asbestos lawsuit …
Supreme Court of New York, New York County, March 31, 2021 Defendant The William Powell Company filed this instant motion for summary judgment pursuant to CPLR 3212 to dismiss plaintiff’s complaint and all cross-claims, based on the plaintiffs’ alleged failure to make a prima facie showing that plaintiff Nicholas J Esposito, Jr. (the decedent) was …
Louisiana Court of Appeals, First Circuit, April 9, 2021 The plaintiffs brought suit on behalf of deceased against a number of manufacturers and suppliers of asbestos containing products allegedly causing asbestos-related lung cancer. The plaintiffs amended to add Arrowood Indemnity, successor of an insurer which issued a policy to Stone & Webster which was in …
U.S. District Court for the Western District Court of New York, April 6, 2021 In this asbestos action, plaintiffs John and Joyce Castro commenced this lawsuit against several talc defendants in February 2019. As per their interrogatory responses, the plaintiff was diagnosed with mesothelioma on February 29, 2016. As to defendant Revlon, the plaintiff’s alleged …
U.S. District the court for the Western District of Kentucky, April 2, 2021 Plaintiff Jack Papineau and his wife sued manufacturers of products that allegedly contained asbestos following Mr. Papineau’s mesothelioma diagnosis. Remaining defendant Brake Supply sued three other manufacturers of products that Brake Supply claims are liable for some or all damages that the …
U.S. District Court for the Northern District of California Plaintiffs Thomas Toy, Jr. and Agnes Toy allege that Mr. Toy developed malignant mesothelioma and later died from exposure to asbestos-containing products or equipment that Defendants manufactured or supplied. Pending before the court are motions to strike or exclude the anticipated testimony of the plaintiffs’ causation …
On March 3, 2021, the PROTECT Asbestos Victims Act, otherwise known as S.574, was introduced in the U.S. Senate by Senators Thom Tillis (R-NC), John Cornyn (R-TX), and Chuck Grassley (R-IA). This legislation attempts to reform the asbestos bankruptcy trust system by providing oversight of asbestos bankruptcy trusts, ensuring those harmed by asbestos receive fair …
U.S. District Court for the Northern District of California, March 31, 2021 In this asbestos action, Mr. Toy (the plaintiff) alleges that his work with or around Warren pumps and Armstrong steam traps while serving in the United States Navy exposed him to asbestos. In support of his allegations, the plaintiff served an expert report …