2BInformed: Engaging with EPA, OSHA’s New Regulation, and Asbestos
U.S. District Court for the Northern District of California Plaintiffs James and Lucretia Sarjeant brought suit in California state court following Mr. Sarjeant’s diagnosis of malignant mesothelioma. He alleged exposure from...more
Traditionally, toxic tort related claims are brought under product liability actions for negligence, breach of warranty, and strict liability. Asbestos has historically been the center of toxic tort litigation. The number of...more
Superior Court of California, County of San Francisco - Plaintiff Lisa Castillo filed an action in the San Francisco, California Superior Court alleging that her husband, Abraham Castillo, died of mesothelioma as a result of...more
The shipping industry is an extensive and foundational mode of global transportation and resource distribution. The men and women who work aboard the U.S. fleet are routinely exposed to varying types of cargo, machinery, and...more
Court: United States District Court for the Northern District of Illinois, Eastern Division - Plaintiffs Chloyde Pelton and Shirley Pelton sued Defendant John Crane Inc. for negligence, willful and wanton conduct, and...more
Court - United States District Court for the Eastern District of Pennsylvania Plaintiff’s decedent, Joseph Pine, served as a fireman aboard the USS Constellation from 1965-1967. After he died from mesothelioma a month...more
Court: Supreme Court of New York, New York County - In this asbestos action, defendant Goodyear moved for summary judgment, arguing that asbestos exposure from its sheet gaskets could not have caused plaintiff Robert...more
Court: Supreme Court of New York, New York County - In this asbestos action, defendant Crosby moved for summary judgment on duty to warn and causation grounds. Plaintiff Joseph Deroy opposed the motion....more
Supreme Court of New York, New York County - In three asbestos actions (Learmond, Nale, and Torio), a caulk defendant moved for summary judgment, arguing that the respective plaintiffs’ claims regarding the asbestos...more
Jurisdiction: Superior Court of California, County of Los Angeles - Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative...more
Jurisdiction: Supreme Court of New York, New York County - Plaintiff Kevin Burns filed an asbestos-related lawsuit against numerous defendants, including Burnham, testifying that while he worked as a plumber he was exposed...more
U.S. District Court for the Southern District of California - In this asbestos action, decedent Dennis Freeman worked as an insulation contractor at shipyards in several states, including California, from approximately 1980...more
You can’t judge a book by its cover, but you can hold the publisher liable for the packaging. In its recently issued opinion, Johnson v. Edward Orton, Jr. Ceramic Foundation, 71 F.4th 601 (7th Cir. 2023), the Seventh Circuit...more
Can a company be found liable for failure to warn about hazards of another company’s product used in packaging for its own product? What about when the company wasn’t warned that packaging could contain anything potentially...more
The Middle District of Pennsylvania’s opinion in Gorton v. Warren Pumps, LLC supported the government contractor defense and set forth a road map for defendants to follow to win summary judgment. The court, relying on the...more
United States District Court for the Eastern District of Louisiana - From 1972 to 1975, plaintiff Frank P. Ragusa Jr. operated a cherry picker at Avondale Shipyards as an employee of Huntington Ingalls, Inc. He then...more
Court of Appeal of Louisiana, Fourth Circuit In this asbestos action, David Stauder Jr. (decedent) developed mesothelioma after working as a pipefitter for two decades. His daughters, Jill and Shelley Stauder (appellees)...more
United States District Court for the Eastern District of Louisiana, Jan. 13 Plaintiff Glen King alleged that his exposure to asbestos during the course of his employment with the United States Navy, Louisiana State...more
On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s verdict and additur in favor of Plaintiffs in the matter of Beverly Dale Jolly and Brenda Rice Jolly v. Gen. Elec. Co., et al. Fisher...more
On January 18, 2022, the Connecticut Court of Appeals affirmed a lower court’s opinion which struck claims of negligence, premises liability and recklessness predicated on increased risk of future harm from asbestos exposure....more
United States District Court for the Eastern District of Louisiana, September 23, 2022 - In April 2020, Paul Hotard (“decedent”) received a mesothelioma diagnosis despite never handling or working with asbestos-containing...more
United States District Court of the District of Nevada, September 19, 2022 - The plaintiff commenced this action in early 2020 by filing his Complaint against 13 defendants. He suffers from mesothelioma and alleged...more
U.S. District Court for the Eastern District of Louisiana, July 25, 2022 - As previously reported on the Asbestos Case Tracker, this matter stems from decedent Callan Cortez’s take-home exposure to asbestos, from his...more
On July 5, 2022, the California Court of Appeal, Second Appellate District (Los Angeles), issued an opinion in Willie McNeal, Jr. v. Whittaker, Clark & Daniels, Inc. (B313472, July 5, 2022) reversing $3,000,000 in punitive...more
The current wrongful death statute in New York, which has been in place since 1847, may get a revamp in the coming months. Senate Bill S74A, also known as the Grieving Families Act (“the Act”) is currently awaiting Governor...more