Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In a case recently reported by the Asbestos Case Tracker, the nation saw the first asbestos-related Zoom trial go to verdict. While the trial went through to verdict, it was not without serious procedural and technological hiccups that were noted by both sides of the bar and the judge. During the trial, Honeywell’s counsel filed …
U.S. District Court for the Eastern District of Louisiana, September 3, 2020 The plaintiff, Lana Waguespack, initiated the instant matter in state court against Avondale and others asserting that she contracted mesothelioma after being exposed to asbestos brought home on the clothes of her father, brother, and ex-husband. During a deposition, according to Avondale, the …
Superior Court of California, County of Alameda, September 3, 2020 In one of the first asbestos-related Zoom trials in the country, Honeywell International, Inc., successor in interest to Bendix Corp., won a defense verdict. The plaintiff, Ricardo Ocampo, alleged that he was exposed to asbestos from working as a janitor at various auto dealerships and …
U.S. District Court for the District of New Jersey, August 31, 2020 The plaintiff, Linda Hammell, alleges that her husband decedent Arthur Hammell contracted mesothelioma and died from exposure to asbestos. By way of background, the decedent enlisted in the Naval Reserve in 1960, and served on active duty in the U.S. Navy from April …
Superior Court of Delaware, August 31, 2020 The plaintiff alleged that Raymond Petit, a deceased mesothelioma claimant, was exposed to asbestos from working with AMMCO brake arching and lathe machines during his time working at auto parts and auto body shops from 1981 to 1989. During his deposition, Petit testified that he “used the lathe …
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 …