Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Eastern District of Louisiana, August 28, 2020 The state court matter of Paul Hotard was removed by a defendant to the U.S. District Court for the Eastern District of Louisiana on diversity grounds. The plaintiff filed a motion seeking to remand the matter to state court because, the plaintiff argued, the …
U.S. District Court for the Eastern District of Louisiana, August 26, 2020 The plaintiffs allege that Callen L. Dempster (decedent) was exposed to asbestos while working at Avondale Shipyard from 1984 to 1996. In their Supplemental and Amending Petition for Damages, the plaintiffs asserted a claim for punitive damages, specifically stating that “Callen Dempster was …
Court of Appeals of Oregon, August 26, 2020 The decedent, Robert Golik, died of mesothelioma allegedly as a result of his exposure to asbestos. The decedent passed away prior to the lawsuit being filed, and was therefore, never deposed regarding his work history or exposure to asbestos. At trial, The plaintiff, Alice Golik, presented evidence …
U.S. District Court for the Eastern District of Arkansas, Central Division, August 25, 2020 Defendant Federal-Mogul Asbestos Personal Injury Trust, as successor to both the Felt-Products Manufacturing Company and the Vellumoid Division of Federal-Mogul Corporation, filed separate motions to dismiss on behalf of each. The court notes that both motions failed to comply with Local …
Appellate Court of Illinois, Fifth District, August 24, 2020 The Appellate Court of Illinois, Fifth District, recently issued a discovery decision in the matter of Linder v. A.W. Chesterton Co., which also touched on the issue of personal jurisdiction. In Linder, the plaintiffs alleged that asbestos dust attributable to industrial pumps manufactured by GIW contributed …
U.S. Court of Appeals for the Fourth Circuit, August 24, 2020 On August 24, 2020, the U.S. Court of Appeals for the Fourth Circuit issued a decision upholding a $32.7 million damage award rendered by a North Carolina jury in the matter of Finch v. Covil. The Finch matter involved a 78-year-old deceased mesothelioma claimant, …
Supreme Court, Appellate Division, First Department, New York, August 6, 2020 The Appellate Division of the First Department of New York vacated a $13 million award in a mesothelioma case, stating that the award deviated from what would be “reasonable compensation” for the claims. During the initial trial, the jury awarded $4 million for future …
U.S. District Court for the District of North Dakota In Kotalik v. A.W. Chesterton Co., several defendants filed motions to enforce the plaintiffs’ compliance with disclosure requirements of North Dakota’s Asbestos Bankruptcy Trust Transparency Act. Counsel for the defendants as well as plaintiffs moved the court for a hearing on the issue. Lastly, plaintiffs’ counsel …
U.S. District Court for the District of Delaware, July 29, 2020 Plaintiff John Pruitt filed this asbestos lawsuit alleging he contracted mesothelioma from occupational exposure to asbestos. The plaintiff served in the Navy from September 1959 to April 1962. Upon his discharge from the Navy, he worked at Schroer, a John Deere farm equipment dealership …
U.S. District Court for the Western District of New York, July 29, 2020 On February 28, 2019, plaintiffs John Castro and Joyce Castro commenced this products liability action in state court against defendants, including CVS Pharmacy, alleging that Mr. Castro was diagnosed with mesothelioma as a result of his exposure to asbestos from his use of asbestos-contaminated talc products. …