Real-Time Court Decisions and Other Developments in Asbestos Litigation.
MASSACHUSETTS – On March 30, 2018, the U.S.D.C. for the District of Massachusetts held that Massachusetts’ statute of repose did not apply to asbestos exposure claims and denied the motion for summary judgment of General Electric (GE). The question was without controlling precedent, and was therefore certified to the Massachusetts Supreme Judicial Court. On Mach …
DELAWARE – The plaintiff brought suit against several defendants alleging he developed lung cancer from exposure to asbestos while serving onboard the USS Shangri La and USS Edmonds. The plaintiff passed away prior to giving any deposition testimony. The case was removed to federal court by Crane Co. The defendants moved for summary judgment. The …
CALIFORNIA – Philip and Febi Mettias, husband and wife, both died of complications caused by mesothelioma. The decedents’ children (plaintiffs) filed suit against various defendants. As part of their allegations, the plaintiffs alleged Philip Mettias performed as many as 24 brake repairs with Bendix brakes, made by Honeywell and purchased at Pep Boys. The jury returned a …
WASHINGTON – The plaintiffs filed suit against several defendants alleging their decedent, Mr. Klopman-Baerselman developed mesothelioma as a result of exposure to asbestos for which the defendants were liable. The case was removed to federal court. Viking Pump (Viking) moved for summary judgment arguing that the plaintiff could not establish the necessary element of causation. …
WASHINGTON — The plaintiff, Donald Varney, filed suit against numerous defendants alleging exposure to asbestos while working as a marine machinist at shipyards in Washington caused his mesothelioma. The complaint was removed to federal court. One day before he passed, plaintiff signed an affidavit stating that he worked with various defendants’ products or products supplied …
WASHINGTON – For approximately seven months in 1971, Gary Cameron worked as a boilermaker at the Centralia Steam Plant in Washington State during its construction, which was completed in 1972. Asbestos-containing thermal insulation was used in building the plant, and Cameron’s estate alleged that his fatal mesothelioma was caused in part by exposures during his …
OREGON – The plaintiff Allianz Global Risks US Ins. Co. defended and indemnified its insured, Daimler Trucks North America LLC, as successor to Freightliner, in three CERCLA cases and more than 1,500 asbestos personal injury cases. It then brought suit seeking contribution against several insurance companies that had issued insurance policies to Con-way, Inc., the former …
DELAWARE — Non-debtors Johnson & Johnson and Johnson & Johnson Consumer Inc. (J&J) filed an emergency motion for provisional transfer, seeking entry of an order directing provisional transfer of approximately 2,400 federal and state personal injury and wrongful death actions, pending the court’s decision on J&J’s motion to fix venue for claims. The motions relate …
LOUISIANA — The plaintiff Jerry Craft (plaintiff) filed suit against multiple stevedore companies, alleging that his work as a longshoreman on the New Orleans riverfront from 1953 until 1989 exposed him to asbestos that caused him to develop mesothelioma. Multiple other stevedore companies for which the plaintiff worked settled out of court, were dismissed from …
NORTH CAROLINA — The plaintiff Ann Finch filed suit on behalf of herself and the plaintiff’s decedent, Franklin Finch, alleging that his exposure to asbestos caused his mesothelioma. The plaintiff resolved or dismissed her claims against all parties outside of Covil Corporation (Covil), and the case was tried in October of 2019. The court charged …