Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The plaintiff, the Estate of Gregorio Sanchez Valdez, alleged occupational exposure to asbestos and diesel fumes while working as a machinist for defendant BNSF Railway Company from 1996 until 2016. Valdez was diagnosed with laryngeal cancer in 2014. BNSF moved for summary judgment on three grounds, of which the court denied all three. First, BNSF …
Supreme Court of New York, New York County, November 30, 2020 The plaintiff, Walter Cannon, filed a complaint against defendant Tishman Realty & Construction Co., Inc., among others, alleging that his lung cancer was caused by his exposure to asbestos when he worked as an electrician installing lighting fixtures at the World Trade Center (WTC) …
United States Court of Appeals for the Fifth Circuit, December 14, 2020 As previously reported by Asbestos Case Tracker here, the decedent, Dr. James L. Gaddy, alleged he was exposed to asbestos while working as a chemical engineer for Ethyl Corp. during the 1950s. Dr. Gaddy was diagnosed with mesothelioma in 2018, and subsequently filed …
Court of Appeal of California, First Appellate District, Division Three, December 11, 2020 The heirs of decedent Richard Booker filed suit, alleging that Booker developed fatal mesothelioma from his exposure to defendants’ asbestos-containing products. The plaintiffs settled with most of the defendants, and a trial was held against the two remaining defendants, Vanderbilt Minerals LLC …
Court of Appeal of California, First Appellate District, Division Five, December 9, 2020 From September 1976 to March 1977, Frank Hart (the decedent) worked in California cutting asbestos-cement pipe for new sewer lines. He was later diagnosed with mesothelioma, allegedly as a result of his exposure to asbestos through that work. On November 8, 2016, the …
In 2019, we saw the U.S. Supreme Court reject the bare metal defense under federal maritime law, resolving a circuit split on the issue. The Supreme Court held that “a product manufacturer has a duty to warn when (i) its product requires incorporation of a part, (ii) the manufacturer knows or has reason to know …
U.S. District Court for the Eastern District of Louisiana, December 7, 2020 Plaintiff Ethel Sampey was diagnosed with mesothelioma, which she alleged was caused by secondhand exposure to asbestos from her uncle, Huey Levron, who worked at the Avondale Shipyard from 1957 to 1965, and also from working as a bartender and serving Avondale workers. …
Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County This matter arises from the decedent’s allegation that his work as a merchant marine on ships, including repair and cleaning of asbestos-insulated steam lines, exposed him to asbestos and contributed to his development of lung cancer. After conducting discovery, the defendants filed a motion to …
U.S. District Court for the Western District of Washington, November 30, 2020 Defendant Puget Sound Commerce Center, Inc. filed Daubert motions seeking to exclude the testimony of four of the plaintiffs’ experts: Captain Arnold Moore, Steven Paskal, Dr. David Zhang, and Charles Ay. On each motion, the court was charged with determining whether the expert’s …
U.S. District Court for the Southern District of New York, November 30, 2020 The plaintiffs filed two lawsuits in New York state court alleging that the decedent, John Grimes, was diagnosed with mesothelioma as a result of his exposure to asbestos while working as a coppersmith apprentice at the Brooklyn Navy Yard from 1961 to …