Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In this federal court action, it is alleged that the decedent, Richard Bell, was exposed to asbestos during his service in the Navy where he served on the USS Franklin D. Roosevelt from 1961 to 1962. Velan Valve Corp. moved for summary judgment asserting maritime law. The plaintiff did not oppose the application of maritime … Continued
The plaintiffs’ complaint alleged that John Clark was exposed to asbestos from the defendants’ products while serving in the U.S. Air Force and during his employment at McDonald Douglas and Boeing. Multiple defendants made motions to dismiss, arguing that the District Court lacked jurisdiction over them. The plaintiffs failed to file timely responses to any … Continued
The plaintiff in this case brought a wrongful death action against the Illinois Central Railroad Company pursuant to the Federal Employer’s Liability Act (FELA) for the death of her husband, Charles Jackson, Jr., who had worked on the railroad. Illinois Central’s motions for summary judgment, to strike the plaintiff’s expert, Michael J. Ellenbecker, were denied. … Continued
In this federal court case it was alleged that the decedent, Richard Bell, was exposed to asbestos while serving on the USS Franklin D. Roosevelt from 1960-64. Defendant John Crane Inc. moved for summary judgment, arguing that maritime law applies and the plaintiff’s evidence fails to prove that decedent was exposed to any of its … Continued
In this case, the plaintiff originally filed the action in the Third Judicial Circuit, Madison County, Illinois alleging exposure to asbestos as an aircraft mechanic, helicopter mechanic, and laborer at various locations throughout the United States between 1958 and 2006. The plaintiff’s work on helicopters was while he served in the U.S. Army. Defendant Boeing … Continued
The plaintiff was employed by Ferro Engineering for four years, and alleged that during this time he was exposed to products containing asbestos. Forty-one years after this employment he was diagnosed with mesothelioma, and sued Ferro under several theories including negligence. Ferro filed a motion to dismiss, arguing the plaintiff’s claims were barred by the … Continued
This case was originally filed in the Third Judicial Circuit in Madison County. The defendant, Crane Co., removed based on the Federal Officer Removal Statute 28 U.S.C. 1442(a)(1) and defendant General Electric Company (GE) joined in. The plaintiff moved to remand the case and GE was the only defendant to oppose. Prior to the court rendering … Continued
In this federal court case, decedent Richard Bell alleged exposure to asbestos while performing car maintenance from 1964 through the late 1970s. Defendant Honeywell, as successor of Bendix, moved for summary judgment, arguing that the decedent’s wife’s deposition testimony that the decedent used Bendix brakes with the word “asbestos” on the packaging was hearsay; that … Continued
The plaintiff filed this action in Madison County, Illinois, alleging injury due to asbestos exposure. The defendants, CBS and General Electric, removed the action to federal court under federal officer removal statute 28 U.S.C. 1442. The plaintiff filed a motion to remand, which the court denied. The court cited the United States Supreme Court in … Continued
The plaintiff alleged he developed severe asbestosis as a result of inhaling asbestos while serving in the United States Navy. Three defendants — John Crane, General Electric, and Ingersoll-Rand — moved for summary judgment. In deciding the motion, the court determined whether maritime or Illinois law applied. A plaintiff’s exposure in a products liability claim … Continued