Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Over the past year, the COVID-19 pandemic has impacted the lives of the public in countless ways, claiming the lives of over half a million Americans. Individuals with underlying health issues, including patients with mesothelioma and other cancers, are at an increased risk of complications from COVID-19. However, in the past few months, great strides …
U.S. Court of Appeals for the Fifth Circuit, February 26, 2021 The plaintiffs claim their farther, a mechanical engineer at the NASA Michoud Assembly Facility (MAF), was killed by asbestos products sold and installed by defendants McCarty Corporation and Taylor Seidenbach, Inc. Deteriorating asbestos and asbestos remediation occurred in the buildings in which the decedent …
U.S. District Court for the Eastern District of Louisiana The plaintiffs brought the instant action alleging that decedent John Brindell was exposed to asbestos-containing products during his employment for Puerto Rico Marine Management (PRMM) as a mechanic at the Port of New Orleans. The plaintiffs argue that the exposure to asbestos caused the decedent to …
U.S. Court of Appeals for the Ninth Circuit, February 22, 2021 The plaintiffs appealed the decision of the United States District Court for the Western District of Washington, granting summary judgment to Union Pacific Railroad Company (UP) and granting post-trial motions for judgment as a matter of law for Ford Motor Company and DCo, LLC …
Supreme Court of New York, New York County Defendant Cleaver-Brooks, Inc. filed a motion for summary judgment contending plaintiff John B. Daly, Jr. failed to produce any evidence that he was exposed to asbestos as a result of work on or in the proximity of products manufactured by Cleaver. The plaintiff alleges his mesothelioma diagnosis …
U.S. District Court for the Middle District of North Carolina The plaintiffs allege that Mr. Brock (the plaintiff) was exposed to asbestos-containing materials, products, and equipment throughout his 30-year career at R.J. Reynolds Tobacco Company (RJR) in Winston-Salem, North Carolina, and that this exposure in the course of his employment has resulted in his mesothelioma …
U.S. District Court for the Middle District of North Carolina Defendants Fisher Controls International LLC, Covil Corporation, and ViacomCBS Inc., successor-in-interest to Westinghouse Electric Corporation each have filed a motion for summary judgment. Additionally, the plaintiffs have filed for summary judgment against Daniel International Corporation. By way of background, the plaintiffs allege that Mr. Kerry …
U.S. District Court for the Western District of Pennsylvania, February 11, 2021 The decedent was allegedly exposed to asbestos dust and fibers during his employment with the U.S. Navy and other various employers. He developed mesothelioma in 2018 and died from complications in February 2020. The decedent’s wife brings this lawsuit against various defendants alleging …
U.S. District Court of the Eastern District of California, February 10, 2021 The defendants’ motion for summary judgment was before the court. The court denied the motion finding several genuine issues of material fact remained unresolved. First, the court found it was disputed as to whether exposure to defendants’ products was a “substantial factor in …
U.S. District Court for the Southern District of Mississippi, Southern Division In this action, the plaintiffs allege that Mr. Dickens was exposed to asbestos from his work with brakes and clutches manufactured by Defendant, Ford Motor Co. Ford moved for summary judgment on causation and punitive damages grounds. Ultimately, the court granted both motions and …