Jury Awards a Near $7 Million Verdict in California FELA Case Against Railroad Company

On November 18, 2015,  a jury in California Superior Court for Alameda County awarded a near $7 million verdict against Union Pacific Railroad in a FELA case following a six week trial. The court had previously determined that $451,265.00 was the amount of economic damages. $6.5 million was awarded by the jury for non-economic loss and pain and suffering.

Read the verdict sheet here.…

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Defense Verdict in New Jersey Cosmetic Talc Case Under New Jersey’s Product Liability Act

In a case of first impression under New Jersey’s Product Liability Act, a Middlesex County, New Jersey jury returned a defense verdict in a mesothelioma case involving a 60-year-old plaintiff who claimed exposure to cosmetic talcum powder products in the 1950s-1970s that were allegedly contaminated with trace amounts of asbestos. The jury found that Shulton, Inc., the supplier of some of the products to which the plaintiff claimed exposure, and Whittaker, Clark & Daniels, Inc., the supplier of some of the raw talc used to …

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Jury Returns Defense Verdict for John Crane, But Awards $14 million against Celanese

On October 8, 2015, a South Carolina jury found Texas-based materials company Celanese Corp. liable in a lawsuit brought by the family of a maintenance worker who died of cancer after being exposed to asbestos at one of Celanese’s plants in the 1970s.

After two weeks of trial, the jury unanimously awarded the family of Dennis Seay $12 million in compensatory damages and $2 million in punitive damages as a result of Celanese’s negligence. John Crane, the second defendant in the case and the maker …

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California Jury Returns Complete Defense Verdict in Mesothelioma Claim

On October 7, 2015, the Alameda County Superior Court in California found in favor of defendant John Crane Inc. in an asbestos exposure lawsuit. The plaintiff, James Harkin, had asserted that his mesothelioma was caused by exposure to asbestos from valve packing manufactured by John Crane Inc. and brought several asbestos-related product liability claims.  He further argued that his mesothelioma additionally occurred as a result of working in the presence of Oscar E. Erickson employees while they disturbed asbestos containing materials at an oil refinery.…

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Ford Gets Defense Verdict Since Plaintiff’s Expert Could Not Proximately Link Disease to Chrysotile Exposure in Light of Previous Amphibole Exposure

In this federal court case, it was alleged that the plaintiff, Gregory Cannard, was exposed to asbestos insulation while serving in the Navy from 1965 to 1967, and while working for Lomac Motors from 1975 to 1978, where he allegedly ground asbestos head gaskets from Ford Motor Co. (Ford). At the time of trial, Ford was the only remaining defendant. At trial, the plaintiffs argued that the Navy and automotive exposures were indivisible and no single product could be identified as the cause of Mr. …

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After Supplier Defaulted Through Nonappearance, Court Awarded Damages In Unopposed Proceeding

An Erie County, New York court has issued a decision on damages in a default action where damages and liability were uncontested following a two-day bench trial in an asbestos case involving Joseph Muir, a 58-year-old man living with mesothelioma.  Defendant Hedman Resources, Ltd. was the only remaining defendant. Hedman had been served with  the summons and complaint pursuant to alternative service granted by the court two years earlier. Hedman never appeared in the action and was in default at the time of the trial. …

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Pittsburgh Jury Returns Defense Verdict in Secondary Exposure Friction Case

Plaintiff Larry English commenced this wrongful death mesothelioma case by claiming that his wife, Sherry English, was exposed to asbestos on Mr. English’s clothing. Mr. English, who worked for a variety of Ford dealerships between 1968 and 2011, worked with gaskets, brakes, and clutches. His claim is that the asbestos from these products remained on his clothing when he went home, allegedly exposing Mrs. English to asbestos. The plaintiff also claimed exposure to joint compound in connection with work in the home. Mrs. English was …

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NYCAL Jury Returns $25 Million Verdict in Mesothelioma Case

A NYCAL jury returned a $25 million verdict in a living mesothelioma case in favor of a 64-year-old mechanic, who worked at a variety of dealerships and gas stations in Colorado and Virginia, among other places, over the years. Defendant Ammco was a manufacturer of brake grinders and was found liable on a failure to warn theory. While the jury also apportioned responsibility to nine of the 10 other companies on the verdict sheet, it found Ammco 86 percent responsible, which in New York makes …

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Federal Court Bench Trial Renders Verdict in Favor of Plaintiff in Take-Home Exposure Case and Awards Full Medical Expenses

In this federal court case, it was alleged that the decedent, Barbara Bobo, had secondary take-home exposure to asbestos from laundering her husband’s work clothes. Her husband worked at the Browns Ferry Nuclear Plant, operated by Tennessee Valley Authority (TVA) from 1975-1997. Following denial of TVA’s motion for summary judgment, the case went to bench trial, where the court’s findings of fact supported that Mr. Bobo was exposed to asbestos at the plant from items such as insulation, roofing cement, gaskets, and pump packing. In …

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