Author: Jillian E. Madison

Tennessee / Verdict Reduction
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Defendant’s Interpretation of Statutory Damages Cap Upheld on Appeal

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 …

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California / Summary Judgment
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Summary Judgment Reversed in Drywall/Joint Compound Matter

Court of Appeal of California, Second Appellate District, Division Seven, June 24, 2020

In December 2011, the plaintiff, Jovana Collantes, and the decedent, Joel Hernandezcueva, filed a lawsuit against numerous defendants arising from the decedent’s alleged exposure to asbestos while employed as a janitor at a large complex occupied by Fluor Corporation (the Fluor Complex) from 1992 to 1995 (the December 2011 action). The plaintiff and the decedent alleged the decedent inhaled drywall debris containing asbestos. The December 2011 action went to trial in September 2013 against …

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Federal Officer Jurisdiction
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Remand Denied Based on Recent Decision on Federal Officer Removal Statute

U.S. District Court for the Eastern District of Louisiana, June 10, 2020

Plaintiff William Hulin alleged 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 tacker welder at Avondale Industries from 1956 to 1973. Prior to filing the complaint, the plaintiff filed an ex parte petition to take his deposition.  The plaintiff’s deposition was taken on October 3, 2019 and was circulated …

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Mesothelioma
Appeal / New Jersey
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New Jersey Supreme Court Affirms Manufacturer Liability for Third-Party Asbestos-Containing Component Parts

This case was initially filed in Middlesex County, NJ by the plaintiff in 2014. The plaintiff, Arthur Whelan, alleged he contracted mesothelioma from working on products manufactured by defendants, including original asbestos-containing components and asbestos-containing replacement components manufactured by other entities. At the summary judgment stage, the defendants argued the plaintiff could not establish that his exposure to asbestos was the result of any product they manufactured or distributed. Further, they denied any liability for the plaintiff’s exposure to asbestos-containing replacement parts that they did …

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Close up of Male lawyer or judge hand's striking the gavel on sounding block, working with Law books, report the case on table in modern office, Law and justice concept
Appeal / Delaware
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Appeal Dismissed as Interlocutory Since Entry of Judgment Still Pending

Supreme Court of Delaware, May 22, 2020

After a jury trial found in favor of the plaintiff in this asbestos matter, defendant Ford Motor Co. filed a motion for a new trial or in the alternative for remittitur. The trial court denied Ford’s motion. Thereafter, the plaintiff filed a motion for entry of judgment, seeking the award of pre- and post-judgment interest under New Mexico law. While the plaintiff’s motion was pending, Ford filed a notice of appeal from the court’s March 3, 2020 Order …

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Remand/Removal
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Motion to Remand Denied Based Upon Two Sources of Federal Jurisdiction

U.S. District Court for the Eastern District of Louisiana, May 20, 2020

This case was initially filed by the plaintiff in Louisiana state court. The plaintiff alleged that Louis Elie, Jr. (the decedent) contracted and died from lung cancer as a result of his exposure to asbestos, while working as a laborer for Sperry Rand Corp. at the Louisiana Army Ammunition Plant (LAAP) from 1967 to 1974. Defendant Unisys Corp. (successor in interest to Sperry Rand Corp.) removed this action to federal court. The plaintiff …

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Dictionary definition of the word Bankruptcy.
Summary Judgment
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Johns Manville Cannot be a Joint Tortfeasor Without Filing a Bankruptcy Trust Claim

U.S. District Court for the Eastern District of Louisiana, May 13, 2020

The plaintiffs alleged that Cary Gomez (decedent) contracted and died from mesothelioma as a result of take home exposure to asbestos through the decedent’s father’s work at Avondale Shipyards in the 1960s. The decedent was also allegedly exposed to asbestos through his own work as a plumber with Aardvark Contractors, Inc. from 1988 to 2011. The plaintiffs also named Wayne Manufacturing Company as a defendant, alleging that the company “manufactured and distributed asbestos …

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Coronavirus/COVID-19 / Documents and Resources
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Impact of COVID-19 on the United States Court System

Thousands of new coronavirus cases are being identified across the United States each day. Since March, America has seen hundreds of thousands of people testing positive, resulting in thousands of deaths, to date.

In response to public health guidance related to COVID-19 (coronavirus), many U.S. courts (state and federal) have been forced to adjust their operations.  Changes to court operations are being made on a rolling basis, with changes being made day to day, on a state by state basis, with different guidelines on a …

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Motion to Dismiss
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Louisiana District Court Denies Defendant’s Multiple Motions to Dismiss

United States District Court, E.D. Louisiana, March 31, 2020.

Plaintiff, Harry F. Marsh, was diagnosed with mesothelioma allegedly as a result of his exposure to asbestos during his time as a seaman. He filed a Complaint in state court against several defendants on January 18, 2019.  Shortly thereafter, Defendant and Cross-Claim Plaintiff, Huntington Ingalls removed the matter to federal court.  Defendant, International Paper, filed three motions to dismiss, which were opposed by Huntington Ingalls.

International Paper filed a Motion to Dismiss based upon lack of …

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Motion to Amend / Pleadings Challenge
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Pennsylvania District Court Grants in Part Motion to File Amended Complaint

United States District Court, M.D. Pennsylvania, April 1, 2020 .

Plaintiff, Rhonda Gorton, filed this asbestos-related lawsuit in Pennsylvania on behalf of her husband, Thomas Gorton (“Decedent”).  Mrs. Gorton’s Complaint alleged Decedent suffered and died from mesothelioma as a result of his exposure to asbestos from his work as a service technician for AT&T Inc. and AT&T Communications, Inc. in Ohio from 1986 to 1988, among other things.  Specifically, she alleged that Decedent was exposed to asbestos-containing bags or pillows “believed to be manufactured by …

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