Author: Jessica Saad

Business and lawyers discussing contract papers with brass scale on desk
Bankruptcy Trusts
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2022 Third Quarter Asbestos Bankruptcy Trust Alert

Many trusts this year have expanded their approved job site lists, allowing compensation for more individuals who claim to have an asbestos-related injury. However, as can be seen below, many trusts also have decreased their payment percentages.

In fact, there has not been an increase in payment percentages during the 3rd quarter of 2022 from any bankrupt trusts. 

The rising costs of inflation have even affected bankruptcy trust payouts. It will be interesting to see if any bankrupt trusts will decrease their approved jobsite list …

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Asbestos Litigation Analysis / New York
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New York Manages to Remain a “Judicial Hellhole” in 2021

While trials and in person court conferences are starting to trickle in, some jurisdictions such as New York still managed to hold its position as a judicial hellhole in 2021. According to American Tort Reform Foundation 2021-22 Judicial Hellholes, California regained its position to the top of the judicial hellhole list. Following California, New York was named as the second judicial hellhole. Georgia, Philadelphia Court of Common Pleas and the Supreme Court of Pennsylvania followed. Cook, Madison, and St. Clair Counties in Illinois; Louisiana; …

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Mesothelioma
Delaware / Summary Judgment
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Brake Machine Defendant Summary Judgment Decision Reversed on Appeal

Superior Court of Delaware, March 28, 2022

In this asbestos action, plaintiff Shelley Droz alleged that her husband, Eric Droz, was diagnosed with mesothelioma as a result of his exposure to asbestos while using an arc grinding machine to resurface brake shoes. She alleged that Hennessy’s predecessor-in-interest manufactured the arc grinding machine, and further alleged that Hennessy knew that the grinding process generated asbestos-containing dust, and had a duty under Washington State law to warn Mr. Droz about the potential dangers of exposure to asbestos …

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Remand/Removal / Washington
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Remand Granted and Attorneys’ Fees Awarded Against Valve Manufacturer

U.S. District Court for the Western District of Washington, August 9, 2021

On June 1, 2021, David and Linda Welch filed claims in King County Superior Court against various defendants who are allegedly responsible for mining, manufacturing, and/or installing the asbestos that has caused David’s newly diagnosed pleural mesothelioma. The plaintiffs moved for an expedited trial pursuant to RCW 4.44.025 on June 23, 2021. Defendant Velan Valve Corp filed an instant motion to remove after the plaintiffs had filed for voluntary dismissal against Velan.

By …

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Louisiana / Maritime/Admiralty Law / Summary Judgment
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Wallboard Manufacturer Denied Summary Judgment Due to Issue of Fact

U.S. District Court for the Eastern District of Louisiana, August 2, 2021

In August 2019, plaintiff Patricia Jackson brought a lawsuit for asbestos exposure in Orleans Parish Civil District Court against a number of defendants. On March 25, 2020, the case was removed to the U.S. District Court for the Eastern District of Louisiana by the Avondale defendants following the United States Court of Appeals for the Fifth Circuit’s decision in Latiolais v. Huntington Ingalls, Inc., which held that removal under section 1442(a) is …

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Maritime/Admiralty Law / Summary Judgment / Washington
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Valve Manufacturer Granted Summary Judgment on Causation Grounds

U.S. District Court for the Western District of Washington, August 2, 2021

In this asbestos action, the plaintiff alleges that the decedent, John Dale Wineland, worked aboard a series of Navy ships and in Navy offices between 1963 and 1984. The plaintiffs allege that Mr. Wineland was exposed to asbestos contained in Powell products while aboard the USS Tuscaloosa between 1972 and 1974. Mr. Wineland worked primarily in the engine rooms of the ships to which he was assigned, repairing and maintaining machinery and equipment …

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Bankruptcy Trusts
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2021 Second Quarter Asbestos Bankruptcy Trust Alert

As previously reported on Asbestos Case Tracker, by the end of the first quarter of 2021 there were 11 trusts which had changes impacting the amount of compensation available to individuals claiming asbestos-related injuries. As the second quarter of 2021 comes to a close, there are now changes to nine trusts, five of which also saw changes at the end of the first quarter. Below is a summary of the changes, to date.

Bankrupt TrustChange
CelotexIncreased its payment percentage from 7.7% to 8%
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Maritime/Admiralty Law / Summary Judgment / Washington
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Purifier Defendant Granted Summary Judgment as Plaintiffs Failed to Establish Causation

U.S. District Court for the Western District of Washington, July 19, 2021

Defendant Alfa Laval filed this present amended motion for summary judgment. The plaintiffs allege the decedent, John Dale Wineland (decedent or Mr. Wineland), worked aboard a series of Navy ships including the USS Dynamic, USS Pledge, USS Loyalty, USS Tuscaloosa, and USS Esteem from 1963 to 1984, where he was exposed to asbestos from Alfa Laval products aboard these ships. The decedent worked in the engine room where he …

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Appeal / Summary Judgment / Texas
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Summary Judgment Affirmed for Premises Defendant on Causation Grounds

Court of Appeals of Texas, First District, Houston, July 13, 2021

The plaintiff, Thelma Mullins, alleged that the decedent, Donald Mullins, was exposed to asbestos while working at ARCO’s petrochemical plant. The plaintiff claimed that the asbestos exposure caused the decedent to develop mesothelioma, which led to his death. The trial court granted a no-evidence summary judgment in favor of ARCO, which the plaintiff appealed.

By way of background, the plaintiff alleged that the decedent had worked at ARCO’s plant from approximately 1967 to 1983 …

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New Jersey / Personal Jurisdiction
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Aircraft Manufacturer Granted Motion to Dismiss Due to Lack of Specific Personal Jurisdiction

U.S. District Court for the District of New Jersey, June 28, 2021

Paul Klick III (the plaintiff) was diagnosed with mesothelioma on or about July 17, 2020, after allegedly being exposed to asbestos while serving in the United States Air Force between 1967 and 1971. Among other things, the plaintiff alleged that he breathed the airborne dust created from mechanics under his direct supervision maintaining, removing and installing asbestos-containing friction and insulation products on Boeing aircrafts, B-52G and KC-135A. The plaintiff’s work involving Boeing products …

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