Real-Time Court Decisions and Other Developments in Asbestos Litigation.
DELAWARE – The plaintiff Hickman filed suit against several defendants including Air & Liquid Systems Corp. for its line of Buffalo pumps arguing that he developed asbestosis and asbestos related pleural disease as a result of his work with the defendants’ products while working onboard several ships in the United States Navy. Specifically, the plaintiff …
NEW YORK – The first department unanimously affirmed the lower court’s denial of the defendant Harris Corporation’s (Harris) motion for summary judgment in NYCAL. The first department concluded that, when viewing evidence in light most favorable to the plaintiff Leonard Carriero, Harris failed to establish prima facie entitlement to summary judgment. Specifically, instead of submitting …
Asbestos litigation has been consistently active throughout the United States since the first asbestos lawsuit was filed in the 1970s. As the population of asbestos plaintiffs has grown over the last 40 years, so have the funds paid by various asbestos defendants. This growing financial burden has caused numerous asbestos defendants to file for bankruptcy. …
We are pleased to provide the 2019 Asbestos Case Tracker Compendium containing all of the posts throughout the first half of 2019 to clients and friends of Goldberg Segalla. Goldberg Segalla’s Asbestos Case Tracker blog is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Ranked on the 2018 ABA …
ILLINOIS — The defendant, BNSF Railway Company (BNSF), made an interlocutory appeal of the trial court’s denial of their forum non conveniens motion, seeking transfer from Cook County, Illinois to Knox County, Illinois, in a matter involving brakeman and locomotive engineer, Randall Alley. Alley alleged that his lung cancer was caused in part by unsafe working …
MARYLAND — A Baltimore City jury found that William Busch, Jr. contracted mesothelioma as a result of his exposure to asbestos-containing materials installed during the construction of Loch Raven High School (LRHS) by defendant Wallace & Gale, Co. (W&G), and awarded the plaintiff a $14 million verdict, which was later reduced to $7.3 million. While …
PENNSYLVANIA — In a case previously covered by the Asbestos Case Tracker, the defendant, Viad Corporation, filed an answer to the plaintiff’s complaint on February 22, 2019, including a successor in interest defense, an assertion that was raised for the first time in their reply to the plaintiff’s response to their motion for summary judgement …
OHIO – The decedent Garry Blakely was employed at Aerospace, a division of the defendant Goodyear Tire & Rubber Company, which contained sub-divisions that manufactured aircraft brake assemblies. The decedent worked in the wheel and brake division, where he drilled, shaped, and incorporated linings into brake assemblies. Upon his diagnosis of mesothelioma in 2014, the decedent sued …
Defendant National Automotive Parts Association (NAPA) filed the instant Motion for Reconsideration of the order denying the Motion to Dismiss for Lack of Personal Jurisdiction, putting forth three arguments: The order appeared to have mistakenly cited to inadmissible and incompetent evidence The court may have overlooked a key distinction between branding or licensing a product …
CONNECTICUT – The plaintiff alleged that the decedent, James Schmidt, was exposed to asbestos during the course of his various careers. The defendant CNH Industrial America (CNH) moved for summary judgement, which was denied on the basis of decedent’s deposition testimony that he worked on asbestos-containing bulldozers and excavators CNH moved for reconsideration, and summary …