More...   $0 (12-17-2018 - IL)

Bethany and James Modisette, along with their daughter Isabella, sued Apple Inc.
after they were seriously injured, and their daughter Moriah was killed, when a driver
using the FaceTime application on his iPhone crashed into their car on a Texas highway.
The trial court sustained Apple’s demurrer to the Modisettes’ first amended complaint
and dismissed the action. The Modisett

While living in Massachusetts, James Waite was exposed repeatedly to asbestos, some of which was mined and sold by Union Carbide Corporation. More than twenty-five years after his initial asbestos exposure, Mr. Waite moved to Florida, where he was diagnosed with mesothelioma. Mr. Waite and his wife, Sandra Waite, filed a lawsuit in Florida state court against a group of defendants that included Un

This is the second appeal arising out of a lawsuit by
plaintiff Elizabeth Alfaro,1 in which she alleged that she
developed mesothelioma as a result of exposure to asbestos
contained in talcum powder products. Her claims for negligence
and strict product liability proceeded to trial against two
defendants, including appellant Colgate-Palmolive Company
(Colgate), a talcum pow

Newark, NJ - Stephen Lanzo, III, and wife sued Johnson & Johnson and Imergys on product liability theories claiming that M. Lanzo developed mesothelioma as a direct result of exposure to asbestos in Johnson & Johnson talcum powder supplied to it by Imerys.

Lanzo claied that he used talcum power for decades and that it contained asbestos.

Johnson & Johnson denied that its baby pow

In 2015, John Edward Clark was diagnosed with mesothelioma,
a cancer caused by the inhalation of asbestos fibers. At that time, Mr.
Clark was nearing completion of a Chapter 13 bankruptcy plan that
he and his wife, Michele, had entered into in 2010. Although the
Clarks fulfilled their last remaining obligations under the plan within
a matter of weeks, their bankruptcy proceedin

Luis Gonzalez, a professional window washer, filed a
premises liability action against John Mathis. Mathis moved for
summary judgment, arguing that Gonzalez’s status as an
independent contractor precluded his claims. The trial court
granted the motion. We reverse, concluding there are triable
issues of fact whether Mathis can be held liable for Gonzalez’s
injuries.

Plaintiffs husband and wife sued for asbestos-related injury against numerous
defendants, including defendant Familian Corporation. Familian moved for summary
judgment on the basis that plaintiffs could not show exposure to asbestos in a Familianrelated
product. Plaintiffs’ opposition included a declaration from a third party witness
who had not been deposed, who testified in det

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individual’s use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether — and if so, under what circumstances — a brandname
drug manufacturer may be sued under a theory of “warning label”

Plaintiff Mary Lyons appeals from the summary judgment entered against her on
her product liability claim against Colgate-Palmolive Company (Colgate), based on the
allegation that she developed mesothelioma from the use of Colgate’s Cashmere Bouquet
cosmetic talcum powder. In granting the motion, the trial court failed to comply with
Code of Civil Procedure section 437c, subdivis

In 2012, plaintiff, Latrice Rubenstein, filed a claim with defendant Doe
No. 1 (defendant), a public entity, alleging that from 1993 to 1994, when she was
a high school student, her cross-country and track coach, who was defendant’s
employee, sexually molested her. When the claim was denied, she commenced
the instant action against defendant and defendants Does Nos. 2-20. She all

Appellant Howard Construction Company, Inc. sued appellee Texas Association
of Women’s Clubs for reformation of a deed, declaratory relief, establishment of an
easement by necessity, and an accounting. It also alleged claims of slander of title and
tortious interference with prospective business relations. TAWC filed a counterclaim
alleging breach of contract and requ

In this products liability case, plaintiffs Kawika Demara (Demara) and Sandra
Demara (together, Plaintiffs) appeal from a summary judgment granted in favor of
defendants The Raymond Corporation (Raymond) and Raymond Handling Solutions,
Inc. (RHSI) (together, Defendants). As relevant to this appeal, Plaintiffs asserted claims
for strict liability and negligence based on injuries Dem

Plaintiffs Marline Petitpas1 and Joseph Petitpas sued Ford
Motor Company, Exxon Mobil Corporation, Rossmoor
Corporation,2 and others, alleging that exposure to asbestos
caused by these defendants resulted in Marline’s mesothelioma.
Motions for summary adjudication were granted before trial,
narrowing the claims against Exxon and Ford. During trial, the
court granted nonsu

The six cases consolidated on
appeal all involve claims related to asbestos exposure over
2 Nos. 16‐1799, 16‐2376, 16‐2377, 16‐2378, 16‐2379, 16‐2380
thirty years ago at a single Marshfield, Wisconsin plant which
produced fire doors.1 While complex on the surface, and
involving bulky appendices and appeals of separate orders,
the thrust o

Bloomington, IL - Plaintiff Awarded $4.6 Million in Damages

Charles McKinney, age 73, sued Hobart Brothers Compnay on negligence and products liability theories claiming that he was exposed to asbestos and developed mesothelioma as a direct result when he was 19 years old. He claimed that Hobart Borthers knew of the hazards associated with the asbestos in the flux of its welding stick ele

Crane Co. and R.J. Reynolds Tobacco Co. appeal from an adverse jury verdict in favor of Richard DeLisle in which the jury found that both appellants’ products containing asbestos were substantial contributing causes to appellee DeLisle’s mesothelioma and awarded substantial damages. Crane primarily argues that the court erred in not excluding expert causation testimony, in denying its motion

The issue in Olivo was “whether a landowner can be liable
for injuries allegedly caused from asbestos exposure experienced
by the wife of a worker who had performed welding and steam
fitting tasks that brought him into contact with asbestos on the
landowner’s premises.” Id. at 398-99. Based on the facts as
presented in Olivo’s summary judgment record and consider

Thedefendant,CooperU.S.,Inc.,appeals following the trial court’s rendering of summary judgment in favor of the plaintiff, Martin Franchises, Inc. On appeal, the defendant claims that the court erred in rendering summary judgment in favor of the plaintiff on the following two grounds: (1) the court improperly concluded that there was no genuine issue of material fact;and(2)thecourtheldthedefendan

Because of the voluminous nature of the record in this case, we address only the facts necessary to decide this appeal. On July 21, 2005, plaintiff filed his complaint against Pneumo Abex Corporation; Pneumo Abex LLC; Metropolitan Life Insurance Company; Owens-Illinois, Inc.; Honeywell International, Inc.; Railroad Friction Products Corporation; and Illinois Central. As of October 2013, the only d

We have consolidated three appeals involving the constitutionality of the Indiana Product Liability Act statute of repose. In each case, the plaintiffs request reconsideration of our prior holding in AlliedSignal v. Ott, 785 N.E.2d 1068 (Ind. 2003). While we decline to reconsider Ott's holdings due to the principles of stare decisis and legislative acquiescence, we do address the plaintiffs' new

Tulsa, OK - Donnis Lawson, Estate of Jimmy David Lawson and Shawn Lawson sued Frank W. Frasier, Frank W. Frasier, P.C., Frasier Frasier & Hickman, L.L.P., Henry A. Meyers, III, Meyers & Leonard, P.L.L.C. and Charles J. Watts on professional negligence theories claiming:
This Court has jurisdiction of this case because it involves claims by citizens of Oklahoma against natural and corporate cit

From 1962 until his retirement in 2003, Winston Carrol Payne was employed by CSX Transportation, Inc. (the “Defendant”) as a switchman, switch foreman, and brakeman in the railroad transportation department. Less than three years after his retirement, Mr. Payne was diagnosed with lung cancer. In 2007, he sued the Defendant under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C.