Real-Time Court Decisions and Other Developments in Asbestos Litigation.
OHIO – The plaintiffs in this matter are merchant mariners who originally filed their cases in the Northern District of Ohio. Subsequent to filing, their cases were transferred to multidistrict litigation (MDL). Prior to trial in Pennsylvania, the court dismissed the cases after a finding that the Ohio court lacked personal jurisdiction, and appeal ensued. …
LOUISIANA – David Lee’s heirs alleged that he was exposed to asbestos while working in various jobs from the 1950s to the 1970s. Lee had various abdominal issues throughout his life, and had a carcinoid tumor removed in 2008. The final pathology report for the tumor showed well-differentiated papillary mesothelioma. However, Lee was asymptomatic after the …
The plaintiff, Robert Schindler, alleged that his mesothelioma was caused in part by his work for the defendant, Dravo Basic Materials Co., aboard a dredge vessel called the Avocet that collected clam shells from the bottom of Lake Pontchartrain in Louisiana. The plaintiff submitted expert reports from Dr. Robert Harrison and Dr. David Tarin that …
GEORGIA — In their consolidated appeal, the Court of Appeals of Georgia considered whether the plaintiff, Leisa Davis sufficient evidence to create an issue of fact that her deceased husband, John Davis was exposed to asbestos-containing products manufactured by John Crane, Inc. (JCI) and FMC Corporation (FMC) during his employment at a fiberboard mill. JCI …
On September 11, 2019, the New Jersey Supreme Court returned a defense friendly decision in Donna Rowe v. Bell & Gossett Co. et al. The supreme court overruled the Appellate Division of New Jersey in a decision, which would have negatively affected trial defendants’ ability to allocate fault to settled defendants. The decedent, Ronald Rowe …
VIRGINIA – Newport News Shipbuilding Division (NNS) has built ships and submarines for the United States Navy since the late 1800s. Through several transactions, the company came to be owned first by Tenneco, Inc., and later by Huntington Ingalls, Inc. Between 2001 and 2015, NNS was sued in a number of asbestos-related personal injury actions. As part …
CALIFORNIA – Mark Lopez’s widow, plaintiff Lannette Lopez, brought suit against the defendant, The Hillshire Brands Company, arguing that Mark was exposed to asbestos as a child from his father and grandfather’s work at a sugar refinery owned by Hillshire, causing his fatal epithelioid mesothelioma. A jury awarded the plaintiff $1.9 million dollars in economic …
GEORGIA – Leisa Davis filed suit against the defendants John Crane (JCI) and FMC Corporation (for Peerless pumps hereinafter FMC), alleging her husband developed and passed away from mesothelioma as a result of his asbestos exposure to products for which the defendants were liable. Davis worked at the Louisiana Pacific Corporation fiberboard mill from 1984 …
PENNSYLVANIA – The plaintiff, Nicholas Kardos, was diagnosed with mesothelioma in January 2016, and he filed suit against numerous defendants in March of that year. On September 12, 2016, he submitted an affidavit regarding his work at Gulf Research and exposure to asbestos while employed there. He was deposed and cross-examined by numerous defendants over …
DELAWARE – The plaintiff filed this asbestos-related wrongful death action in Delaware on June 11, 2015. While the court does not explain the underlying case facts, motion practice regarding admiralty law and expert exclusion indicates that the decedent was exposed to asbestos while a member of the United States Navy. As trial is approaching for …