Over the past year, an increasing number of state legislatures are considering bills or have passed legislation intended to promote fairness, clarity, and efficiency in asbestos litigation throughout the country. (For example, New York is currently considering a bill that would promote transparency in plaintiffs’ asbestos bankruptcy trust proof of claim submissions, a development ACT previously covered). Iowa, which has recently successfully passed various types of tort reform, is particularly notable despite not being an asbestos litigation national hot spot. Following codification of …Continue Reading
Supreme Court of New York, New York County, July 1, 2020
Glynnis Gale DeKlerk (the decedent) was born in South Africa in 1951 and lived there until 2017, when she and her husband moved to the United Kingdom. She was diagnosed with malignant mesothelioma in February of 2018 and died on January 20, 2019. The plaintiff commenced this action in New York on July 27, 2018 seeking to recover for injuries sustained by the decedent resulting from her alleged exposure to asbestos from talc and …Continue Reading
Supreme Court of New York, New York County, June 25, 2020
The plaintiff, Carletto Lamenta (the decedent), was diagnosed with lung cancer in October of 2017 and subsequently filed this lawsuit alleging his injuries were a result of his occupational exposure to asbestos. The decedent’s deposition took place over the course of seven days, during which he testified that he was exposed to asbestos in a variety of ways, including from his work with ABI’s Amtico vinyl asbestos floor tiles from the 1970s through the mid-1980s.
ABI filed a …Continue Reading
United States District Court for the Northern District of California
In the instant complaint, the plaintiffs allege that Ronald Viale used, handled, or was otherwise exposed to asbestos and asbestos containing products provided by or manufactured by the defendants, that he contracted the terminal cancer, mesothelioma as a result of such exposure, and that, in July 2018, he died. Based on these allegations, plaintiffs, who are, respectively, the decedent’s wife and daughter, asserted against defendant SPX the following four Causes of Action: “Negligence,” “Strict Liability,” “False Representation,” …Continue Reading
U.S. District Court for the Eastern District of Louisiana, July 6, 2020
In Lopez v. McDermott, Inc., pending in the U.S. District Court for the Eastern District of Louisiana, Exxon Mobil moved for summary judgment. In the operative complaint, the plaintiffs allege that Mr. Lopez (the plaintiff) was exposed to asbestos-containing products while employed as a welder/pipefitter at Kellogg Brown & Root between 1973 and 1986, which caused him to develop malignant mesothelioma. With regard to Exxon, the plaintiffs’ claims against them sounded in …Continue Reading
Superior Court of Delaware, New Castle, July 1, 2020
A Delaware lower court has determined that an affidavit signed by a deceased plaintiff is admissible under that state’s “residual exception” to hearsay rules. Specifically, in Ogg, the plaintiff signed an affidavit regarding his work history prior to being hospitalized for end stage pulmonary fibrosis. After being discharged from the hospital, and about two weeks prior to his deposition, the plaintiff signed a second affidavit. The plaintiff passed away two days prior to a scheduled deposition. …Continue Reading
Supreme Court of Minnesota, July 1, 2020
In 2009, Gary Palmer’s (the decedent) pulmonologist informed him that he had calcium deposits on his lungs due to asbestos exposure. On December 24, 2011, the decedent was diagnosed with mesothelioma and in January 2012, he learned that asbestos exposure had caused his mesothelioma. The decedent passed away on March 1, 2015.
On February 23, 2018, Appellant, Deborah Palmer, filed this action against Honeywell International (the manufacturer of Bendix brakes) (Bendix) under Minn. Stat. § 573.02, subd. 3 (2018).
The appellant alleged the decedent …Continue Reading
Court of Appeals of Tennessee, Nashville, June 30, 2020
A jury trial was conducted on behalf of the plaintiff, Lois Irene Davis, who sued multiple companies alleging her husband, James William Davis (the decedent), was exposed to asbestos-containing materials at his workplace which caused him to develop mesothelioma and die. Prior to the start of trial, the plaintiff resolved her claims against all defendants except Ameron International Corporation.
At the end of trial, the jury returned a verdict in favor of the paintiff, finding total …Continue Reading
U.S. District Court for the Eastern District of Louisiana
The plaintiff, Patricia Jackson, alleges asbestos exposure while employed by Avondale Shipyard between 1970 and 1977. She further alleged asbestos exposure from father’s work clothing while he was employed by Avondale between 1962 and 1975. The plaintiff filed suit against numerous defendants including Huntington Ingalls Incorporated, Albert L. Bossier, Jr., and Lamorak Insurance Company (collectively, the Avondale defendants), Taylor Seidenbach, International Paper, Eagle, Inc., Liberty Mutual Insurance Company, and Hopeman Brothers, Inc. in state court. The case …Continue Reading
Court of Appeal of California, First Appellate District, June 29, 2020
In Estes v. Eaton Corp., 2020 Cal. App. LEXIS 594, the Court of Appeal of California, First Appellate District reversed an order granting a new trial, and affirmed a defense verdict for Eaton Corporation. In this case, the jury heard the trial court case, and returned a defense verdict. However, the trial court granted the plaintiff a new trial on the ground of insufficient evidence. Eaton appealed the new trial order on multiple …Continue Reading