Category: Mesothelioma

Wooden judge gavel, close-up view.
Appeal / Louisiana / Mesothelioma
Posted by:

Plaintiffs Win Appeal Regarding Ambiguous Language In Insurance Policy On Bodily Injury

Jurisdiction: Court of Appeal of Louisiana, Fourth Circuit

Mr. May died from Mesothelioma and the plaintiffs filed a wrongful death and survival action alleging the decedent was exposed to asbestos while working as a Stevedore between the mid-1960s and through the 1970s. One of the defendants sued was the decedent’s past employer, Louisiana Stevedores , Inc. Liberty and Employers National Insurance Co. (“ENIC”) insured the company for workers’ compensation and employer’s liability. LIGA assumed statutory obligation for ENIC after it became insolvent.

In their answers, …

Continue Reading
Judge chamber with gavel
Mesothelioma / Negligence / Product Defect / Strict Liability
Posted by:

Florida Jury Awards Plaintiff $18 Million in Asbestos Case against Brake Grinding Manufacturer

Court: Florida – 17th Judicial Circuit Court

Plaintiff, Denise J. Guth Cook alleged asbestos exposure from consumer talc products and automobile parts. She specifically alleged bystander and household exposure from asbestos-tainted clothes worn by her father and brother, who worked at automotive repair shops. She further claimed to have developed malignant epithelioid mesothelioma of the peritoneum because of the alleged asbestos exposure.

Ms. Cook ultimately filed a complaint in Broward County, Florida’s 17th Judicial Circuit Court, naming Hennessy Industries, Inc. and others as defendants. Her complaint …

Continue Reading
Wooden judge gavel, close-up view.
Mesothelioma / Personal Jurisdiction
Posted by:

Plaintiffs’ Successful Appeal of Trial Court’s Order Granting Defendant’s Motion to Quash Service

Court of Appeal of California, First Appellate District, Division Four

Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al.

The plaintiffs allege that the decedent, Raul Hernandez, had occupational exposure to asbestos over a 40-year career as an automobile mechanic, including exposure to asbestos-containing brakes and clutches from Toyota cars at a Toyota dealership from 1977 to 2009. The decedent was subsequently diagnosed with mesothelioma. The plaintiffs further claim these Toyota vehicles incorporated OEM and genuine Toyota replacement parts with asbestos-containing friction components supplied by …

Continue Reading
The law concept background.
Asbestos Exposure / Mesothelioma / Minimum Contacts / Personal Jurisdiction / Stream of Commerce
Posted by:

Plaintiffs’ Appeal of Trial Court’s Order Granting Defendant’s Motion to Quash Service of Summons Successful in California

Court of Appeal of California, First Appellate District, Division Four

Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al.

This litigation arises from claims of asbestos exposure. The plaintiffs allege the decedent, Raul Hernandez, had occupational exposure to asbestos over a 40-year career as an automobile mechanic, including exposure to asbestos-containing brake shoes, brake pads, clutch plates, gaskets, and transmission bands while working on Volkswagen cars at Volkswagen dealerships between 1969 and 1976. The decedent was subsequently diagnosed with mesothelioma. The plaintiffs filed a complaint …

Continue Reading
Business and lawyers discussing contract papers with brass scale on desk
Mesothelioma / Motion to Dismiss / Statute of Limitations
Posted by:

Supreme Court of New York Grants Defendants’ Motion to Dismiss Based upon Statute of Limitations

Supreme Court of New York – New York County

Eric Biljetina, et al. vs. Brenntag North America, Inc., et al.

In this action, the plaintiffs allege the decedent had asbestos exposure through the use of Jean Nate talcum powder. The decedent was ultimately diagnosed with mesothelioma in 2016. In 2024, the plaintiffs filed a Third Amended Complaint to join L’Oreal USA, Inc., as a defendant in this action. The plaintiffs alleged this defendant had ties to the claimed Jean Nate powder product. The defendant ultimately …

Continue Reading
Business and lawyers discussing contract papers with brass scale on desk
Asbestos Exposure / Causation / Mesothelioma / Shipyard
Posted by:

Court Rules in Favor of Defendant in Asbestos Action for Lack of Causation

Jurisdiction: United States District Court for the Western District of Washington

Plaintiff claimed decedent Geraldine Rabb Perkins had asbestos exposure resulting in her diagnosis of mesothelioma.

Plaintiff specifically alleged that Mrs. Perkins had para-occupational asbestos exposure originating from Puget Sound Naval Shipyard where decedent’s husband, Harang Joseph Perkins, worked as a machinist’s mate for the U.S. Navy between approximately 1968 and 1974. It was claimed Mrs. Perkins had para-occupational asbestos exposure from laundering Mr. Perkins work clothes.

Prior to being diagnosed with mesothelioma, Mrs. Perkins …

Continue Reading
Wooden judge gavel, close-up view.
Asbestos Exposure / Causation / Mesothelioma / Summary Judgment
Posted by:

Defendant’s Motion for Summary Judgment in Asbestos Action Partly Granted

Jurisdiction: Superior Court of Rhode Island, Providence

Plaintiffs alleged decedent Peter A. Lowe Sr. was exposed to asbestos while employed with his father’s company – Lowe Excavating and Construction – from approximately 1965 until the late-1970s. Plaintiffs allege this exposure resulted in Mr. Lowe being diagnosed with malignant mesothelioma in 2018, which ultimately caused him to pass away in August 2019. Plaintiffs initiated litigation asserting several theories of liability, including failure to warn, negligence, strict liability, breach of express and implied warranty, and other related claims, …

Continue Reading
judge's gavel and books
Asbestos Exposure / Mesothelioma / Motion to Dismiss / Statute of Limitations
Posted by:

Defendants’ Motion to Dismiss Based upon Statute of Limitations Denied

Jurisdiction: Supreme Court of New York, New York County

On July 22, 2021, plaintiffs filed a complaint alleging asbestos exposure. Plaintiffs’ complaint specifically claims that asbestos exposure caused plaintiff Victoria Pawlowski to be diagnosed with peritoneal malignant mesothelioma after undergoing laparoscopic surgery, resulting in a nodule to be removed from her peritoneum.

Defendants filed a motion to dismiss plaintiffs’ complaint based upon the governing statute of limitations pursuant to CPLR § 3211(a)(5). Plaintiffs opposed this dispositive motion.

CPLR § 214-c(2) provides a three-year limitations period for …

Continue Reading
Law theme. Judge chamber.
Appeal / Asbestos Exposure / Mesothelioma / Mesothelioma Powder / New Trial / Shipyard
Posted by:

Plaintiffs’ Motion for New Trial Reversed on Appeal

Court of Appeal of Louisiana, Fourth Circuit

In this action, the plaintiffs alleged decedent Vita Chenet had asbestos exposure from personal use of various talcum powder products, including Cashmere Bouquet, throughout her lifetime. As a result of this asbestos exposure, the plaintiffs further claimed Ms. Chenet developed malignant mesothelioma in October 2018 and passed away at the age of 83 in February 2019. A defendant filed an answer offering an alternative exposure. This defendant specifically alleged Ms. Chenet developed mesothelioma through her father’s employment as …

Continue Reading