Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. District Court for the Eastern District of Louisiana The plaintiff, Patricia Jackson, alleges asbestos exposure while employed by Avondale Shipyard between 1970 and 1977. She further alleged asbestos exposure from father’s work clothing while he was employed by Avondale between 1962 and 1975. The plaintiff filed suit against numerous defendants including Huntington Ingalls Incorporated, Albert …
Court of Appeal of California, First Appellate District, June 29, 2020 In Estes v. Eaton Corp., 2020 Cal. App. LEXIS 594, the Court of Appeal of California, First Appellate District reversed an order granting a new trial, and affirmed a defense verdict for Eaton Corporation. In this case, the jury heard the trial court case, …
In a 2018 decision, the court determined that “all sums” allocation and vertical exhaustion applied to the plaintiffs’ claims regarding coverage for amounts expended in the defense and resolution of lawsuits related to exposure to asbestos-containing products. The matter then proceeded to trial, where the parties presented evidence regarding dates of first exposure for underlying …
Court of Appeal of California, Second Appellate District, Division Seven, June 24, 2020 In December 2011, the plaintiff, Jovana Collantes, and the decedent, Joel Hernandezcueva, filed a lawsuit against numerous defendants arising from the decedent’s alleged exposure to asbestos while employed as a janitor at a large complex occupied by Fluor Corporation (the Fluor Complex) from 1992 …
John Crane, Inc. used asbestos fibers in the manufacture of gaskets, mechanical sealing, and packing products. It was named a defendant in over 325,000 cases involving personal injury claims based on asbestos exposure, and as a result became involved in a dispute with its insurers regarding coverage for such lawsuits. This decision was an appeal …
Supreme Court of New York, New York County Plaintiffs brought the instant action alleging the decedent, Thomas Fahey, was exposed to asbestos from his work in a variety of ways including his work with transformers and electric panels. Specifically, it is alleged that the defendants’ electrical panels and transformers were insulated with asbestos materials or …
U.S. District Court for the District of Maryland, June 12, 2020 Family members (plaintiffs) of the decedent Cynthia Cartwright alleged exposure to asbestos-containing talcum powder attributed to defendants Cyprus Amax Minerals Company, Avon Products Inc., and Johnson & Johnson Consumer Inc. (JJCI), which the plaintiffs claim resulted in the decedent’s fatal mesothelioma. The plaintiffs initially …
U.S. District Court for the Eastern District of Louisiana, June 10, 2020 Plaintiff William Hulin alleged he contracted lung cancer as a result of exposure to asbestos containing products for which the defendants were liable. Specifically, he believed he had been exposed to asbestos while working as a tacker welder at Avondale Industries from 1956 …
William Powell Co. v. OneBeacon Ins. Co., 2020 Ohio App. LEXIS 2200 (Ohio Ct. At.. June 10, 2020) The William Powell Company has been embroiled in a years-long dispute with its insurers regarding coverage for asbestos-related liabilities. In this decision, the court addressed whether the language of certain excess liability policies supported vertical exhaustion or …
U.S. District Court for the Eastern District of Louisiana The plaintiffs brought the instant action alleging that decedent John Brindell was exposed to asbestos-containing products during his employment for Puerto Rico Marine Management (PRMM) as a mechanic at the Port of New Orleans. The plaintiffs filed a petition in the Civil District Court for the …