Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Second Circuit, April 28, 2020 An insurer and its reinsurer were engaged in a long-running dispute over whether the reinsurer was obligated to reimburse the insurer for amounts paid in settlement to Goulds Pump, Inc. The settlement between the insurer and Goulds related to thousands of personal injury claims made against Goulds due to exposure …
U.S. District for the Eastern District of Virginia This is a follow up to Asbestos Case Tracker’s recent post on this matter. Plaintiff Herbert Mullinex alleged he developed mesothelioma as a result of exposure to asbestos while working as a machinist mate in the U.S. Navy from 1969-89. The plaintiff worked aboard multiple ships docked …
U.S. District Court for the Eastern District of Virginia, April 27, 2020 Plaintiffs Herbert H. Mullinex and Patricia E. Mullinex alleged that Mr. Mullinex was exposed to asbestos from working with sheet gaskets and valve and pump packing manufactured by John Crane, Inc. during his service in the U.S. Navy from 1969 to 1978. John …
U.S. District Court for the Eastern District of Louisiana, April 27, 2020 The plaintiffs alleged the decedent, Callen L. Dempster was exposed to asbestos and asbestos-containing products while employed at the Avondale Shipyards from 1962 to 1994. Defendant Huntington Ingalls Incorporation (f/k/a Avondale Shipyards, Inc.) (Avondale) moved for partial summary judgment on the plaintiffs’ intentional …
U.S. District Court for the Northern District of Ohio, Eastern Division, April 24, 2020 R.W. Beckett Corporation was sued in a large number of cases alleging harm from exposure to asbestos in gaskets used in oil burners Beckett produced from 1960 to 1986. For 16 years, Beckett paid its own litigation costs, but it later …
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 …