Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Eastern District of Louisiana, March 16, 2021 The plaintiff filed suit against Avondale and Lamorak Insurance Co. (defendants) in state court on February 12, 2020. The defendants removed the case under the federal officer removal statute alleging that the lawsuit pertains to action by Avondale’s taken pursuant to the direction …
Supreme Court of New York, New York County, March 10, 2021 Defendant Gare Incorporated filed this instant motion for summary judgment pursuant to CPLR 3212. The plaintiffs allege that Lorraine Berger’s (the decedent) June 22, 2018 diagnosis of mesothelioma was causally connected to her asbestos exposure from Gare asbestos-containing products. Gare’s motion contends that Gare …
Supreme Court of New York, New York County, March 11, 2021 Defendant Vanderbilt Minerals LLC filed this instant motion for summary judgment, pursuant to CPLR 3212, dismissing all claims and causes of action, including any and all cross claims, against Vanderbilt or in the alternative granting partial summary judgment in favor of Vanderbilt as to any …
U.S. District Court for the District of South Carolina, March 1, 2021 The issues before the court arise from an insurance coverage action in which the parties disputed the rights and obligation of Covil under a policy allegedly issued to it and whether injuries in underlying asbestos actions are within the products and completed operations …
Decedent Gene Sponcler worked for over 40 years for defendant BNSF Railway Company and its predecessor in interest as a laborer, brakeman, and conductor. The decedent was diagnosed with kidney cancer in late 2010 (the exact date is disputed by the parties) and passed away on January 25, 2016. The decedent’s wife filed this action …
U.S. District Court for the Western District of Washington, March 4, 2021 Defendant Puget Sound Commerce Center, Inc. formerly known as Todd Shipyards Corporation filed an amended motion for summary judgment/partial summary judgment. The plaintiffs allege the decedent John Dale Wineland worked at Todd Shipyards in 1974, where he was negligently exposed to asbestos, including …
Supreme Court of New York, New York County, February 16, 2021 In this action, plaintiff James Witte alleged asbestos exposure from supervising the installation of fire doors manufactured by T.M. Cobb Company in Manhattan. Cobb moved to dismiss the plaintiff’s complaint based on lack of personal jurisdiction. Cobb argued that the court did not have …
U.S. District Court for the Western District of Washington, March 1, 2021 Defendant Aurora Pump Company filed this instant motion for summary judgment and motion to strike. By way of background, plaintiff Ronald H. Berhmann worked on ships while serving in the U.S. Navy and while working in the Todd and Lockheed Shipyards in Seattle, …
U.S. District Court for the Eastern District of Louisiana, March 2, 2021 Plaintiff Linda Crossland filed a motion to remand and defendants Avondale and Hopeman Brothers Inc. oppose the plaintiff’s motion. The plaintiff’s alleged exposure to asbestos was from asbestos fibers floating from Avondale Shipyards into her neighborhood, take home asbestos exposure from her father …
Court of Appeals of Texas, Fourteenth District, Houston, March 2, 2021 In this instant take-home exposure matter, the trial court granted defendant Union Carbide’s motion for summary judgment and the plaintiff now appeals the trial court’s order. The appellate court affirms the lower court’s decision. In response to Union Carbide’s motion, appellants offered several pieces …