Real-Time Court Decisions and Other Developments in Asbestos Litigation.
As the Asbestos Case Tracker recently reported, on August 5, 2019, the U.S. District Court for the Western District of Washington recently ruled on several defendants motions for summary judgment. In the complaint, the plaintiff alleges that Rudie Klopman-Baerselman (decedent) was exposed to asbestos-containing products sold or supplied by the supplier defendant, causing the decedent …
In Schneider Electric USA, Inc. v. Paul Williams, as Executor of the Estate of Vickie Williams, the court of appeals affirmed a trial court’s denial of the sole defendant’s motion for summary judgment. In this case, Vickie Williams’ father worked for Schneider Electric USA, Inc., formerly known as Square D Company (Square D), for several …
The plaintiff, Doris Gordon, alleged that she developed fatal mesothelioma in part from her use of asbestos-contaminated Cashmere Bouquet talcum powder that was manufactured, marketed, and sold by the defendant, Colgate-Palmolive. Colgate sought exclusion of the testimony of the plaintiff’s expert, Dr. Ronald Gordon. The court considered Colgate’s Daubert motion to exclude Dr. Gordon’s testimony and …
In the past few years, the bare metal defense has seen inconsistent and nebulous holdings around the nation. The bare metal defense vindicates an asbestos defendant that manufactured a product that was made of only metal without asbestos but later utilized asbestos components within its products. The defense is commonly seen amongst pump and valve …
WASHINGTON – The plaintiff filed suit in Washington state court alleging that decedent, Rudie Klopman-Baerselman, developed mesothelioma from exposure to brakes manufactured by Standard Motor Products (SMP), which he used while performing maintenance on his vehicles from 1966 to 1997. The case was removed to federal court. SMP moved for summary judgment based upon a …
WASHINGTON – In Marietta Dianne Yaw, Individually and as Executor of the Estate of Donald Arthur Yaw v. Air & Liquid Systems Corp., et al, pending in the United States District Court for the Western District of Washington, the court recently granted motions for summary judgment for three defendants. The plaintiffs, Donald and Marietta Yaw, …
KENTUCKY – A Louisville state court deliberated for approximately a half hour on August 2, 2019 before finding in favor of Johnson & Johnson in a talc case. The lawsuit alleged that Donna Ann Hayes died from mesothelioma caused by her use of talcum powder products. The plaintiff’s lawyers argued that the talc was contaminated …
NEW YORK – The plaintiff, Marilyn LaFlair, sued Port Jervis, New York resident Kolmar Laboratories, Inc. (Kolmar) and Johnson & Johnson (J&J) in state court in St. Lawrence County, New York. She alleged that asbestos-contaminated cosmetic talcum powder products manufactured and supplied by these defendants caused her mesothelioma. J&J removed the action to federal court …
FLORIDA – The plaintiff, Larry Cook, sued his employer Florida Power & Light Company (FPL) under negligence and premises liability theories for injuries allegedly sustained while working with or around asbestos in FPL power plants. Cook issued several notices for the deposition of a corporate representative of FPL to discover information regarding their use of …
NEW YORK – The plaintiff Francis Keating filed suit against dozens of companies alleging he contracted lung cancer as a result of exposure to asbestos containing products for which the defendants were liable. Specifically, he believed he had been exposed to asbestos while working as a machinist in the United States Navy from 1953-1974 and …