Articles Posted in Mesothelioma Court Rulings & Legislation

For purposes of this article, the mesothelioma victim in this case will be referred to as T.W. and his wife as J.W.

In a recent court decision, a judge denied a defendant’s motion for summary judgment and allowed a widow to proceed with her mesothelioma wrongful death claim. After J.W.’s husband died of malignant mesothelioma, a rare and aggressive form of cancer, she filed a wrongful death claim against the companies she blames for negligently exposing her husband to the asbestos that caused his illness. Among the many companies named in the lawsuit was Crosby Valve, LLC. This defendant tried to have the case dismissed by filing a motion for summary judgment. However, the judge presiding over the case denied that request.

According to Mrs. J.W.’s lawsuit against Crosby Valve, her husband suffered asbestos exposure in gaskets the company had recommended using together with their valves. The defendant argued that the widow had failed to prove that her late husband had been directly exposed to any asbestos products they had manufactured. Crosby argued that it was not obligated to warn about the dangers of third-party products used in combination with their valves.

For purposes of this article, the mesothelioma widow, in this case, will be referred to as E.M. and her late husband as R.M.

In a recent legal development, a widow convinced a federal judge to return her lawsuit to local courts, defeating the defendant’s attempt to shift the case to federal jurisdiction. E.M. faced a heartbreaking loss when her husband, R.M., died from mesothelioma. After her loss, she filed a lawsuit against several companies she blames for her husband’s death. However, one defendant, Foster Wheeler (F.W.), tried to shift the case to federal court using the federal officer removal statute. E.M. successfully argued that her case was not connected to Navy vessels, convincing the court to let her case remain in local courts.

Mrs. E.M.’s husband, Mr. R.M., died in August 2023 from mesothelioma. Mesothelioma is a form of cancer caused by asbestos exposure. Asbestos is a harmful mineral that was once widely used in construction, shipbuilding, and manufacturing. This rare and aggressive illness affects the mesothelium, the protective layer surrounding most internal organs. Mrs. E.M. filed a mesothelioma claim against the companies she blames for her husband’s death in November of the same year. In her lawsuit, she indicated three locations where her husband was exposed to asbestos, one of them being Lockheed Shipbuilding Company. One of the defendants responded by asking Mrs. E.M. to share details about her husband’s employment history and worksites. E.M.’s responses did not mention any ships her husband had worked on or if he had worked on vessels or land. Later, she requested details about the company’s work at the Lockheed site.

In a recent court decision, an asbestos contractor in Jefferson County, Colorado, was found guilty of several crimes after his fraudulent and careless acts endangered his workers, a client, and a whole neighborhood. The contractor’s actions put his employees, the client, and the entire neighborhood at risk of developing mesothelioma in the future. The contractor handled asbestos removal poorly and charged the client $70,000 for the poor work. Asbestos is a well-known health hazard, and its removal requires strict adherence to safety protocols. Failure to abide by the set guidelines can result in severe consequences.

The 82-year-old owner of a fire-damaged four-unit rental property in Arvada hired the contractor, Lance Slayton, in 2022 to clean and repair the property. This was when the risk of future mesothelioma diagnoses in the neighborhood began. Lance’s work included properly removing asbestos-contaminated materials from the property. However, according to the state attorney general’s office, instead of the contractor handling the toxic material properly, his company ignored safety protocols and removed the dangerous material improperly and disposed of it in an unsafe manner, putting the employees and residents exposed to the asbestos at risk.

Asbestos is generally not harmful when left undisturbed. However, when asbestos is disturbed or damaged, it can release tiny fibers into the air, which, when inhaled, can cause serious health problems like mesothelioma. Mesothelioma, a disease that affects the mesothelium, is a form of cancer that is rare and quite aggressive. After asbestos fibers are inhaled, they can become stuck in the body, causing inflammation and scarring over time. This can eventually lead to mesothelioma, which often has a long latency period. It can take 20 to 60 years or more for mesothelioma to develop after initial asbestos exposure. Because mesothelioma can take so long to develop, the full impact of this incident may not be felt for quite some time.