18 results for 'nos:"Asbestos Personal Injury Product Liability - Torts - Personal Injury"'.
J. Fallon denies a request by the widow of a shipyard worker who allegedly died from asbestos exposure, declining to dismiss the indemnity and defense claims filed by the owner of the shipyard and the manufacturer of marine interiors on sea-going vessels. However, the widow reserves the right to re-urge arguments against the shipyard and the manufacturer if two ship-owners do not successfully demonstrate they are entitled to indemnity protection.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: May 13, 2024, Case #: 2:20cv1877, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Product Liability, Indemnification, Asbestos
J. Bryan denies the government's motion to dismiss the family member's complaint that the wife died after being exposed to asbestos fibers while doing laundry for her husband, who was an enlisted navy machinist mate and came into contact with asbestos at the Puget Sound Naval Shipyard. The government argues that the discretionary function exception applies because it covers certain "governmental decision-making from judicial second guessing of legislative and administrative decisions," but it is uncertain if two of the navy's regulations related to asbestos were mandatory directives that required action and if the government failed to follow those directives.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: May 7, 2024, Case #: 3:22cv5701, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Government, Wrongful Death, Asbestos
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J. Blakey partially grants a Navy equipment manufacturer’s motion for summary judgment on a Navy veteran’s asbestos claims. The veteran contracted mesothelioma after years of exposure to asbestos while serving in the Navy, with the manufacturer’s gaskets being a prime source. The court finds for the manufacturer on the veteran’s willful and wanton conduct claim, but allows the veteran’s negligence and strict liability claims to go forward.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: January 31, 2024, Case #: 1:21cv4316, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Veterans, Product Liability, Asbestos
J. Biggs denies Ford’s renewed motion for a directed verdict and motion for a new trial in a wrongful death dispute. The wife supports her claims that her husband’s exposure to the asbestos-containing products at issue while working as a tractor-trailer mechanic for 40 years contributed to his mesothelioma. Final judgment will be entered in favor of the wife, awarding her $275,000 in back pay plus prejudgment interest to the tune of nearly $67,000.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: November 30, 2023, Case #: 1:20cv98, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Settlements, Damages, Asbestos
J. Morris grants in part summary judgment in favor of the estates which say that a railway company exposed the decedents to high levels of asbestos while they were transporting crushed vermiculite ore through their town. While the record needs to be fleshed out further to determine if the company's asbestos handling falls under the common carrier doctrine, the company is not allowed moving forward to argue that its handling "did not constitute an abnormally dangerous activity."
Court: USDC Montana, Judge: Morris, Filed On: October 17, 2023, Case #: 4:21cv97, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Asbestos
J. Morris finds in favor of the representatives of two individuals who died from asbestos exposure while working in a railyard. The estate requests that the railway company not be allowed to assign the fault of the deaths to any nonparty, a request that is granted because the railway company has not fully identified what wrongful conduct from other parties could have contributed to the deaths that can come into play in this case.
Court: USDC Montana, Judge: Morris, Filed On: August 10, 2023, Case #: 4:21cv97, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Asbestos
J. Bowler allows a widow’s motion for leave to file a second amended complaint against an engineering company which allegedly exposed her late husband to asbestos, leading to his illness and death. While the company tries to use the Jones Act as a rationale for why the amendment should not be allowed, neither the Jones Act nor the Death on the High Seas Act apply in this case because the engineering company was not the decedent’s employer and his injuries were contributed to by multiple bad actors, making them indivisible injuries.
Court: USDC Massachusetts, Judge: Bowler, Filed On: July 11, 2023, Case #: 1:20cv12270, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Maritime, Wrongful Death, Asbestos
J. Gorton allows a manufacturer’s motion for summary judgment and denies a widow’s application for summary judgment in a case where the widow is suing the manufacturer for exposing her late husband to asbestos, resulting in his mesothelioma. While his former coworker confirmed that the decedent worked on ships where Buffalo pumps — a product known to have sometimes contained asbestos — were located, he cannot recall if the decedent worked on those pumps specifically.
Court: USDC Massachusetts, Judge: Gorton, Filed On: July 10, 2023, Case #: 1:19cv10282, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Product Liability, Wrongful Death, Asbestos
J. Jones denies summary judgment to the machine industry company for the family member's claim that the company's ship exposed the decedent to asbestos while he was in the Navy, which led to his mesothelioma. The family member presents the testimony of Commander Andrew Ott, a Navy veteran and maritime expert with experience working as an engineering plant Ship Superintendent and Project Manager at the Norfolk Naval Shipyard, stating that the company's products were on the ship with the decedent, which also corroborates the decedent's pre-death testimony.
Court: USDC Western District of Washington, Judge: Jones, Filed On: June 30, 2023, Case #: 2:22cv302, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Asbestos
J. Bryan partially denies the government's motion to dismiss the daughter's claim that the government sent her father to serve on the USS Sacramento between 1971 and 1972, where he was exposed to asbestos and later exposed his wife, who died of pleural mesothelioma on June 6, 2020. The daughter argues the plausibility of her case as the government did not provide her father with equipment to protect him from asbestos exposure, which would have in turn protected her mother.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: June 26, 2023, Case #: 3:22cv5701, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Government, Product Liability, Asbestos