Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Due to court closures and stays placed in cases as a result of the COVID-19 pandemic, there was a significant downturn in the advancement of motions throughout the second and third quarters of 2020. However, the Asbestos Case Tracker has reported on recent motions in limine and causation-based motions for summary judgment involving these issues, …
U.S. District Court for the Western District of Washington Defendant Auburn Technology Inc. filed a motion to exclude testimony of three witnesses who were shipmates of the plaintiff’s decedent. Several other defendants joined in on the motion. The defendants argued that the witnesses were not properly disclosed until the very end of discovery and should …
Court of Appeals of Georgia, Fourth Division Defendants Pneumo Abex, LLC and Genuine Parts Company appeal the trial court’s partial grant of summary judgment to Sheila Long, individually and as personal representative of her late husband’s estate. Long alleged that her husband Ron died from lung cancer as a result of exposure to asbestos contained in …
U.S. District Court for the Western District of Pennsylvania, October 1, 2020 Plaintiffs David Martincic and Merl Williams alleged that Mr. Martincic was diagnosed with mesothelioma as a result of his exposure to asbestos brought home on the clothing, body, and person of several family members who worked at American Cyanamid in Bridgeville, Pennsylvania from …
Court of Appeal of Louisiana, Fourth Circuit, September 23, 2020 By way of background, the plaintiffs argued that the court erred in entering a judgment following the trial in November 2018. Notably, the plaintiffs set forth that the jury’s verdict was based on inconsistent answers to interrogatories. In February 2019, the court denied the plaintiffs’ …
Superior Court of Delaware, New Castle, September 28, 2020 Plaintiffs Deforest Gibbs and Sherryl L. Gibb asserted claims against multiple defendants, including Union Carbide Corporation (UCC), alleging Mr. Gibbs suffers from mesothelioma as a result of occupational asbestos exposure. Mr. Gibbs worked as a laborer, plumber, and shade tree mechanic for 50 years in South Carolina. He …
U.S. District Court for the Eastern District of Louisiana, September 28, 2020 Plaintiffs Dorothy and CJ Mayfield filed an asbestos personal-injury lawsuit in Louisiana state court in April 2015, alleging Mr. Mayfield developed lung cancer as a result of his exposure to asbestos-containing products, including those manufactured by CertainTeed. Mr. and Mrs. Mayfield settled their …
U.S. District Court for the Eastern District of Louisiana, September 21-23, 2020 In Asbestos Case Tracker’s third installment of the analysis of pre-trial motions in the Dempster v. Lamorak Insurance Co. matter, the U.S. District Court for the Eastern District of Louisiana has issued nine decisions on additional motions in limine filed by the defendants. By way of background, …
U.S. District Court for the District of Delaware, September 23, 2020 On July 26, 2018, John Pruitt (the plaintiff) sued multiple defendants asserting claims arising from his alleged exposure to asbestos. The plaintiff alleged he developed mesothelioma as a result of exposure to asbestos-containing materials during his service as a machinist mate in the United …
U.S. District Court for the Eastern District of Louisiana, September 16, 2020 The U.S. District Court for the Eastern District of Louisiana has issued seven decisions on motions in limine filed by both plaintiffs and defendants in the Dempster v. Lamorak Insurance Co. matter, which has been closely followed by Asbestos Case Tracker. By way …