Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the District of Nebraska The plaintiff brings claims under the Federal Employers’ Liability Act (FELA) and the Federal Locomotive Inspection Act. The plaintiff, who was employed as a brakeman and conductor by defendant Union Pacific Railroad Company, alleges that while employed by Union Pacific from 1963 to 2000, he was negligently …
An in-person jury trial was recently held in Louisiana on the plaintiff’s negligence claims. After graduating high school, the plaintiff worked as a longshoreman from 1964 to 1968 at the Port of New Orleans. As part of his job, he unloaded burlap bags of raw asbestos. The plaintiff testified that the bags would frequently tear, …
Supreme Court of New York, New York County In this action, defendant American Biltrite Inc. filed a motion for summary judgment, arguing that the plaintiff has failed to establish general or specific causation for the plaintiff’s lung cancer in relation to American Biltrite’s products. The deceased plaintiff had alleged that his fatal lung cancer was …
The plaintiff alleges that the lung cancer was caused by his exposure to asbestos over the course of his career at various locations in New York between 1975 and 1983. Defendant Mannington Mills, Inc. filed a motion for summary judgment on the grounds that the plaintiff had not established general or specific causation of his …
Court of Appeals of Washington Cindy Maxwell, the personal representative of the Estate of Edmond Brown, and Marilou Brown (collectively the Browns) appeal the trial court’s order granting summary judgment in favor of Parsons Government Services, Inc. (Parsons) and Brand Insulations, Inc. (Brand). This action arises from Edmond’s alleged exposure to asbestos between 1971 and …
U.S. District Court for the Eastern District of Louisiana The plaintiff, Callen Cortez, alleged that he was exposed to asbestos during his employment at the Avondale Shipyards from 1969 to 1974, which included riding to and from work with other Avondale employees on a labor bus. Cortez was diagnosed with mesothelioma in June 2020, and …
Court of Appeal of California, Second Appellate District, Division Three, November 19, 2020 The plaintiff, Alfred Mata, alleged he developed mesothelioma as a result of asbestos exposure. Alfred’s father, Francisco, worked as a serviceman for Park Water from 1970 until 1989. Francisco’s responsibility of cutting water pipes with a power saw caused visible dust to …
U.S. District Court for the Southern District of New York, November 16, 2020 This case follows an opinion and order by the same court regarding resolution of the parties’ cross-motions for summary judgment. The opinion and order affixed liability on Danaher and Atlas Copco for costs incurred by Travelers in defending certain asbestos and silica …
U.S. District Court for the Western District of Kentucky, Owensboro Division, November 12, 2020 Plaintiff Jack Papineau was employed by Smith Coal from 1984 to 1992. In his complaint against multiple defendants, including Brake Supply, he alleged that he contracted mesothelioma from exposure to asbestos-containing friction products during his employment at Smith Coal. The plaintiff alleged …
Supreme Court of New York, New York County In June 2019, we reported on the jury verdict in the Olson matter. Following the verdict, Defendants Johnson & Johnson and Johnson & Johnson Consumer, Inc. (J&J) moved to set aside the verdict and award under CPLR 4404(a). In the alternative, J&J moved for a new trial …