Real-Time Court Decisions and Other Developments in Asbestos Litigation.
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 …
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 …