Real-Time Court Decisions and Other Developments in Asbestos Litigation.
U.S. Court of Appeals, Ninth Circuit Two widows of California shipyard workers, whose husbands were allegedly exposed to asbestos and died as a result, sought compensation under the Longshore and Harbor Workers Compensation Act (“the Longshore Act” or “the Act”). The Longshore Act was enacted to protect longshore workers who suffered injuries related to their …
United States District Court, Eastern District of Louisiana. Plaintiff Jesse Hernandez filed suit against several defendants alleging he developed mesothelioma while working summers in 1968, 1969 and 1970 at the Avondale Shipyard as a painter’s helper and assistant clerk. During his deposition, he recalled working on board several vessels in the main yard and U.S. …
United States District Court for the Eastern District of Louisiana Decedent, James Leoma Gaddy alleged that he was diagnosed with mesothelioma as a result of exposure to asbestos while working at International Paper from 1948 to 1950, and while working as a chemical engineer at Ethyl Corporation (“Ethyl”) from 1955 to 1960. Gaddy filed …
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 …