Real-Time Court Decisions and Other Developments in Asbestos Litigation.
United States District Court for the District of Montana. Plaintiff Korey L. Aarstad, along with 191 other plaintiffs moved to remand their case back to state court in Montana on the basis that the case had been improperly removed under the local controversy exception to the Class Action Fairness Act (“CAFA”) (28 U.S.C. §1332(d)(4)(A)). Defendants …
Plaintiff Nancy Little (“Little”) filed suit against the Budd Company (“Budd”) alleging that decedent died from exposure to asbestos-containing insulation surrounding the pipes on Budd manufactured rail cars. The parties went to trial and a verdict was returned in favor of the plaintiff. On appeal, Budd asserted that plaintiff’s tort claims were preempted by the …
Thousands of new coronavirus cases are being identified across the United States each day. Since March, America has seen hundreds of thousands of people testing positive, resulting in thousands of deaths, to date. In response to public health guidance related to COVID-19 (coronavirus), many U.S. courts (state and federal) have been forced to adjust their …
United States District Court, E.D. Louisiana, March 31, 2020. Plaintiff, Harry F. Marsh, was diagnosed with mesothelioma allegedly as a result of his exposure to asbestos during his time as a seaman. He filed a Complaint in state court against several defendants on January 18, 2019. Shortly thereafter, Defendant and Cross-Claim Plaintiff, Huntington Ingalls removed the …
United States District Court, M.D. Pennsylvania, April 1, 2020 . Plaintiff, Rhonda Gorton, filed this asbestos-related lawsuit in Pennsylvania on behalf of her husband, Thomas Gorton (“Decedent”). Mrs. Gorton’s Complaint alleged Decedent suffered and died from mesothelioma as a result of his exposure to asbestos from his work as a service technician for AT&T Inc. …
United States Court of Appeals, Third Circuit. Plaintiff William Traser filed suit against multiple defendants in the United States District Court for Michigan. Mr. Traser passed away from mesothelioma two years later. His case was then consolidated into the Multidistrict Litigation (“MDL”) in 1991. Thereafter, his case was transferred to the Eastern District of Pennsylvania. …
Plaintiffs filed suit against several defendants including Cleaver Brooks “CB” alleging that their decedent, Ronald Callanan, developed and passed from asbestosis as a result of his exposure to defendants’ products. Specifically, Plaintiffs alleged that Callanan worked with David Wolfe at FM Engineering as a field inspector. Their work included inspecting CB boilers but Wolfe was …
United States District Court for the Western District of Pennsylvania. Plaintiffs alleged that Harald H. Mehnert developed mesothelioma as a result of his exposure to asbestos-containing laboratory equipment while working as a lab technician at the U.S. Geological Survey in Denver, Colorado from 1959 to 1995. Plaintiffs sued numerous defendants, including Fisher Scientific Company, LLC …
In Jack Papineau and Holly Papineau v. Brake Supply Company, Inc., et al., the Court recently granted a third-party defendant’s motion to dismiss a third-party complaint. Plaintiff Jack Papineau (“Papineau”) alleged that he developed malignant mesothelioma from exposure to asbestos from his employment at Smith Coal, and sued four defendants. After the action was filed, …
On March 25, 2020, the U.S. District Court for Delaware “recommended” granting summary judgment to defendants Flowserve US, Inc. and Air & Liquid Systems Corporations. By way of background, plaintiffs Pietro Vocciante and Rosalba V. Assante filed a personal injury action against multiple defendants including Flowserve US, Inc. and Air & Liquid Systems Corporation alleging …