Real-Time Court Decisions and Other Developments in Asbestos Litigation.
United States Court of Appeals, Fifth Circuit, February 24, 2020 LOUISIANA — Noting that its precedents concerning the scope of the Federal Officer Removal Statute were “extraordinarily confusing,” in the matter of Latiolais v. Huntington Ingalls, Inc., the Fifth Circuit has aligned itself with sister circuits and clarified the requirements to remove a case to …
CONNECTICUT – The plaintiff, Patricia Murray, alleged that the decedent was exposed to asbestos from products manufactured or marketed by multiple defendants, including CBS Corporation. The defendant filed a motion for summary judgment arguing that there was insufficient evidence from which a reasonable jury could conclude that the decedent was exposed to asbestos from CBS’s …
United States Court of Appeals, Second Circuit, February 19, 2020 The Johns-Manville Corporation entered bankruptcy in the early 1980s. In 1986, the bankruptcy court established a fund pursuant to a settlement with Johns-Manville’s insurers to compensate individuals injured by the corporation’s asbestos-containing products. The court then ordered that all claims—both those against Johns-Manville based on their …
United States District Court, Southern District of Illinois, February 20, 2020 ILLINOIS – The plaintiffs, Arland and Dina Wieland, originally filed the instant matter in the Circuit Court of the Third Judicial Circuit, Madison County, alleging that Arland sustained injuries due to asbestos exposure. Trial in the matter started on Feb. 20, 2020 and on Feb. …
Supreme Court, Eastern District of Pennsylvania, February 19, 2020 The Trial Court PENNSYLVANIA – The plaintiffs, William Roverano and Jacqueline Roverano, filed an asbestos-related lawsuit on March 10, 2014 in the Court of Common Pleas of Philadelphia County. The plaintiffs alleged that William Roverano contracted lung cancer as a result of his exposure to asbestos-containing products …
United States District Court, N.D. Mississippi, February 18, 2020 MISSISSIPPI – The plaintiffs allege that the decedent, Beverly Bedford, developed mesothelioma from asbestos exposure through her work at Honda of Tupelo, a motorcycle dealership and service center she owned from the late 1970s to 2014. It is alleged that she was exposed to asbestos from …
United States Court of Appeals Third Circuit, February 18 2020 DELAWARE – The appellants are latent asbestos claimants who did not file by the bar date set by Chapter 11 bankruptcy but who were subsequently diagnosed with mesothelioma. The appellee is Energy Future Holdings Corporation (EFH), which was a holding company for several energy properties. …
Supreme Court of Missouri, February 18, 2020 MISSOURI – The claimants filed a workers’ compensation claim for their late father, Vincent Hegger, who developed mesothelioma. Hegger worked for Valley Farm from 1968 until 1984. His work included service with machinery where he encountered asbestos gaskets and asbestos insulation. Valley Farm had workers’ compensation coverage but …
VIRGINIA – The plaintiffs, Raegena Boggs and Paul Boggs, residents of Colorado, filed their asbestos personal injury action in Kanawha County, West Virginia against numerous defendants, including Greyhound Lines, a Delaware corporation with a principal place of business in Texas; ArvinMeritor, Inc., an Indiana corporation with a principal place of business in Michigan; Carlisle Companies, …
WASHINGTON – In the matter of Jill Diane Clayton v. Air & Liquid Systems Corp., et al., the United States District Court for the Western District of Washington denied the plaintiff’s motion to exclude the expert testimony of Certified Industrial Hygienist, Kyle Dotson, finding that Dotson’s testimony was both relevant and reliable under Federal Rule …