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John M. v. J-M Manufacturing Company, Inc. and George Dakovich & Son, Inc.

Los Angeles County Superior Court

Judge Lawrence Cho

Verdict: $8,874,741

June 2023

Type of Case: Products Liability, Negligence, Mesothelioma, Wrongful Death

John worked on a land surveying crew in the City of Newport Beach in the 1980s where he was exposed to asbestos from the cutting of asbestos cement pipe distributed by J-M Manufacturing Company, Inc. and installed by George Dakovich & Son, Inc. John is survived by his wife, daughter and two grandchildren.

Testifying experts for plaintiffs: Barry Horn, M.D. (pulmonologist), John Templin, C.I.H. (certified industrial hygienist), Richard Lemen, Ph.D. (epidemiologist), Elizabeth Jackson, M.D. (cardiologist), Robert Johnson (economist). Testifying experts for defendants: Tim Bormann, C.I.H. (certified industrial hygienist), James Caplan, M.D. (pulmonologist), Jennifer Pierce, Ph.D. (industrial hygienist), Michael Holland, M.D. (toxicologist).

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Katherine C. v. American Airlines, Inc.

United States District Court - Northern District of Texas

Judge Reed O'Connor

Settlement: minimum of $7,500,000

October 14, 2022

Type of Case: Class Action

American Airlines, Inc. promised certain passengers one or more free checked bags when they traveled, and then did not honor those promises by charging said passengers fees to check their bags when they arrived at the airport. Passengers may have received e-ticket confirmation emails promising free bags, or held AA-branded credit cards, held elite status (such as AA Gold or AA Platinum), or purchased Business or First-Class tickets that entitled them to one or more free checked bags. Though many passengers were entitled to one or more free checked bags, AA charged them to check their bags nonetheless.

The case settled after more than two years of litigation and a mediation before Clay Cogman of Phillips ADS. Extensive formal discovery was conducted and two litigation classes were certified by the Court. The terms of the settlement provide in part: AA will pay a minimum of $7.5 million to provide full 100% refunds to Settlement Class Members. There is no limit or cap on the amount of money AA will pay above $7.5 million and attorneys fees and administrative costs will not reduce the compensation of Class Members.

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Antonio M. v. Cincinnati Inc.

Los Angeles County Superior Court

Judge Mark Borenstein

Verdict: $710,000.00

October 2021

Type of Case: Products Liability, Negligence, Mesothelioma, Wrongful Death

Antonio was a sheet metal worker who passed away from malignant, pleural mesothelioma. He operated a press brake manufactured by Cincinnati Inc. to bend and cut metal for over 10 years. The machine contained a brake and clutch made largely of asbestos which disintegrated each time the press brake was operated exposing the operator to asbestos. Cincinnati Inc. offered $35,000 to settle the case before trial. The jury held Cincinnati Inc. negligent and found their press brake to be defectively designed and failed to recall or retrofit the machine. The jury assessed damages for the loss of care, comfort, society, affection, emotional support, and love of Antonio. Antonio is survived by his wife and two children.

Testifying experts for plaintiffs: Barry Horn, M.D. (pulmonologist), Steven Paskal, C.I.H. (certified industrial hygienist), Richard Cohen, M.D. (state of the art). Testifying experts for defendant Cincinnati Inc.: Alberto Marchevsky, M.D. (pathologist), Gabor Mezei, M.D. (epidemiologist), Jennifer Sahmel, C.I.H. (certified industrial hygienist), David Weill, M.D. (pulmonologist).

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Bruce K. v. Hennessy International Inc., Honeywell International Inc., Borg Warner, Edelbrock, Tenneco Automotive, Dana, et al.

Los Angeles County Superior Court

Judge Rafael Ongkeko

September 2021

Type of Case: Products Liability, Negligence, Lung Cancer, Asbestosis

Bruce was a career auto mechanic. From age 11 until he retired, Bruce worked on cars. Part of that work involved brake jobs, clutch replacements, gasket replacement and all manner of automobile mechanic work. Bruce also smoked cigarettes for about 11 years and quit in 1974. Asbestos and smoking are both carcinogens and cause lung cancer. A person who quits smoking for many decades, however, significantly reduces his risk of lung cancer due to smoking.

The case resolved after jury selection for in excess of $1.26 million as against all defendants.

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Hugh C. v. Metalclad Insulation LLC, General Electric Company, Owens-Illinois, Inc., Crown Cork & Seal Company, Inc., Crane Co., Ingersol-Rand Company, Sequoia Ventures, et al.

Los Angeles County Superior Court

Judge David Cunningham

July 2019

Type of Case: Products Liability, Negligence, Mesothelioma, Asbestosis

Hugh had a career as an airline executive. As a young man from 1953 to 1955, one of his first jobs was working as a laborer and insulator helper at three Southern California Edison steam power plants located in Etiwanda, El Segundo and Terminal Island. Hugh was exposed to asbestos-containing insulation, gaskets, packing and other materials during this work causing his malignant, pleural mesothelioma.

The case resolved for in excess of $4.225 million as against all defendants.

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Ken K. v. Amcord Inc.

Alameda County Superior Court

Judge Robert McGuiness

May 2018

Type of Case: Products Liability, Negligence, Mesothelioma

Verdict: $6,800,000.00

Ken was diagnosed at age 58 with pleural mesothelioma. In the 1970s, he performed side jobs which put him in contact with asbestos-containing Riverside Gun Plastic Cement. He would clean up after other workers applying stucco which would include cleanup of empty bags of cement, carrying bags of cement to other workers and working around the area where cement was being mixed. The case was tried and resulted in a $6.8 million verdict for plaintiff.

Testifying experts for plaintiff: Barry Horn, M.D., Arnold Brody, Ph.D., Steven Paskal, Theresa Emory, M.D., Robert Johnson, MBA, Barry Castleman, Ph.D. Testifying experts for defendant Amcord, Inc.: Kyle Dotson, C.I.H., Charles McDonald, M.D. and David Godwin, M.D.

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Ken L. v. SPX Cooling Technologies, Inc., et al.

Los Angeles County Superior Court (Chatsworth)

Judge Rupert Byrdsong

November 2016

Type of case: Products Liability, Negligence, Mesothelioma

Ken, 74, was a career heating and air conditioning mechanic for the County of Los Angeles from 1962 through 1998. He was responsible for maintaining more than 30 county buildings. Part of Ken's work in these buildings involved repair and rebuilding of compressors - which such work involved removal and replacement of asbestos-containing gaskets within each compressor. Many of these compressor gaskets were made of 80% or more asbestos fibers. These gaskets needed to be scraped, wire brushed and fully removed during any work on these compressors which was a dusty process and exposed Ken to asbestos. Ken also worked on cooling towers that contained asbestos in the louvers and walls which required scraping and wire brushing of the sediment that would build up on these surfaces. This also exposed Ken to asbestos. The case resolved after jury selection for in excess of $3.2 million as against all defendants.

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Jack B. v. Riverside Cement, CalPortland Cement

Los Angeles County Superior Court (Van Nuys)

Judge Michael B. Harwin

August 8, 2016

Type of case: Products Liability, Negligence, Mesothelioma

Jack, 80, is a retired teacher and librarian. During his college years in the late 1950s and early 1960s he spent summers working in construction building houses and apartment buildings. This work put Jack in contact with products such as gun-applied stucco, drywall joint compound and other products that exposed him to asbestos. Jack was diagnosed with pleural mesothelioma in 2015 and underwent an 8 hour surgery to remove his pleura and diaphram in an effort to debride his mesothelioma tumor.

The case resolved during plaintiff's case in chief in excess of seven figures as to all defendants.

Plaintiff's testifying witnesses: Arnold Brody, Ph.D. (cell biology), John Templin, C.I.H. (industrial hygiene).

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Martin B. v. J-M Manufacturing Company, Inc.

Los Angeles County Superior Court (Chatsworth)

Judge Graciela Freixes

September 2015

Type of Case: Products Liability, Negligence, Mesothelioma.

Martin was a warehouseman in Canada and came to the United States in 1984 where he worked as a carpenter and foreman at various locations in California. While employed as a carpenter, Martin was exposed to asbestos when he worked around others cutting asbestos-cement pipe with power tools. Martin contracted mesothelioma due to his exposure to asbestos and passed away shortly after trial. The case settled during plaintiff's case in chief.

Testifying experts for plaintiffs: Steven Paskal (certified industrial hygienist), Barry Horn, M.D. (occupational medicine, pulmonologist), Richard Cohen, M.D. (state of the art).

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Charles L. v. Exxon

Los Angeles County Superior Court (Chatsworth)

Judge Benny Osorio

February 2015

Type of Case: Products Liability, Wrongful Death, Negligence, Mesothelioma.

Charles passed away due to mesothelioma in 2013 at the age of 83. He was a 40-year insulator out of Local 5. He worked at several premises in southern California including spending months insulating high-temperature pipes and apparatus at Exxon in Torrance, California. He used asbestos-containing insulation and also worked around others installing, cutting, and cleaning up asbestos-containing insulation at Exxon. The case settled after jury selection for in excess of $2 million as against all defendants.

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Ray B. v. Hill Brothers Chemical Company

Los Angeles County Superior Court (Van Nuys)

Judge Michael B. Harwin

February 2015

Type of Case: Products Liability, Wrongful Death, Negligence, Mesothelioma.

Ray passed away due to mesothelioma in 2012 at the age of 81. Married to his beloved wife of 60 years they have 8 wonderful children. Always a hard worker, Ray started his own pool plastering business in the 1970s while also employed with the US Postal Service. During this time frame, pool plasterers used an asbestos-free cement. However, raw asbestos would be mixed with this cement to increase its strength and workability. Hill Brothers Chemical Company manufactured products called "954" and "961" which was specifically designed as an additive to pool plaster cement. These products contained 20% and 33% raw asbestos respectively. Ray purchased Hill Brothers' 954 and 961 and added it to the cement mixture during his pool plastering work. He was exposed to this asbestos as well as asbestos while aboard two Navy ships on which he served from 1948-1952. The case settled during plaintiffs' case in chief. Testifying experts for plaintiffs: Richard Cohen, M.D. (historical state of the art), Barry Horn, M.D. (pulmonologist, occupational medicine), Robert Johnson (economist).

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Neil H. v. Owens-Illinois, Inc.

Ramsey County District Court (St. Paul, MN)

Judge John H. Guthmann

October 2014

Type of Case: Products Liability, Negligence, Mesothelioma.

Verdict: $4,516,250.00

Neil, 75, worked a summer in 1957 as an insulator helper working on the new Taconite Harbor Power plant north of Duluth. He worked with and around Owens-Illinois Kaylo pipe covering insulation as well as Mundet cement mud at the power plant for about three months. This short term but intense exposure to asbestos resulted in his contracting mesothelioma in 2013. Mundet (Crown Cork & Seal) resolved prior to trial. The case was tried and resulted in a $4.5 million verdict for plaintiffs Neil and his wife.

Testifying experts for plaintiffs: Charlie Ay (insulator), Richard Lemen, Ph.D. (epidemiologist, state of the art), Barry Horn, M.D. (pulmonologist, occupational medicine), John Templin, CIH (industrial hygiene), Arnold Brody, Ph.D. (cell biologist), Robert Johnson (economist). Testifying experts for defendant Owens-Illinois: Randall German, Ph.D. (patents, materials science), Peter Neushul, Ph.D. (historian, state of the art), Earl Gregory, Ph.D. (industrial hygiene).

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Dick C. v. CertainTeed Corporation and Familian Corporation

Multnomah County Circuit Court (Portland, OR)

Judge Kathleen Dailey

July 2014

Type of Case: Wrongful Death, Products Liability, Negligence, Mesothelioma.

Dick was 68 when he passed away due to mesothelioma. He was exposed to a variety of asbestos-containing products as a result of his work as a union pipe fitter. This case resolved at the conclusion of opening statements in excess of $750,000 as to all defendants.

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Jack G. v. Riverside Cement

Los Angeles Superior Court

Judge Norman Tarle (Santa Monica)

July 2014

Type of Case: Products Liability, Negligence, Lung Cancer.

Jack, 87, was a plasterer in Southern California. His lung cancer was caused by the synergistic effect of asbestos exposure and smoking. He also was diagnosed with asbestosis and pleural plaques – both diseases caused by asbestos inhalation. He was exposed to asbestos-containing stucco, drywall joint compound and a variety of construction products. Case resolved for in excess of $500,000 as against all defendants at the conclusion of voir dire.

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Calvin S. v. Riverside Cement

Los Angeles Superior Court

Judge Patrick Madden (Long Beach)

May 2014

Type of Case: Products Liability, Negligence, Lung Cancer.

Calvin, 79, was a plasterer, darby man and cement mason during his construction career in Southern California. He was exposed to asbestos-containing stucco, drywall joint compound, as well as asbestos-containing cement. His lung cancer was caused by the synergistic effect of asbestos exposure and cigarette smoke. Case resolved for in excess of $1,000,000 as against all defendants at the conclusion of voir dire.

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Ernest P. v. Georgia Pacific.

Los Angeles County Superior Court

Judge Chester Horn (Santa Monica)

May 2014

Type of Case: Products Liability, Negligence, Mesothelioma.

Wrongful death of an 82 year old electrician with mesothelioma. Case resolved for in excess of $1,500,000 as against all defendants at the conclusion of motions in limine. Ernest passed away from mesothelioma at the age of 82. He was a union electrician in Southern California and worked with and around all kinds of asbestos-containing construction products including drywall joint compound, stucco, and asbestos cement pipe.

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Eugene N. v. Todd Shipyard, Metalclad and Hill Brothers Chemical Corp.

Los Angeles County Superior Court

Judge Edward Simpson

February 2014

Type of Case: Products Liability, Negligence, Premises Liability, Asbestosis, Calcified Pleural Plaques

Case settled during Plaintiff's case in chief in excess of $400,000 as to all defendants.

Plaintiffs testifying witnesses: Richard Cohen, M.D. (state of the art), Daniel Powers, M.D. (radiology, certified B-reader).

Gene worked in Los Angeles area shipyards and oil refineries where he was exposed to a variety of asbestos-containing products including thermal insulation, block, pipe covering, floor tiles, brakes, and cement.

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William K. v. Kaiser Gypsum

Los Angeles County Superior Court

Judge Michael Solner

May 2011

Type of Case: Products Liability, Negligence, Malignant Pleural Mesothelioma

Case settled at the end of Plaintiffs' case in chief in excess of $2.5 million.

Plaintiffs' testifying witnesses: Arnold Brody, Ph.D., Richard Lemen, Ph.D., Steven Dikman, M.D., Barry Horn, M.D., Barry ben-Zion, Ph.D., John Templin, CIH, George Kirk

Bill was a career homebuilder in northern California. During the construction of scores of houses, he was exposed to a variety of asbestos-containing products including joint compound, stucco, electrical breakers, siding, cement pipe, gaskets pipe covering and roofing materials.

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Victor E. v. CertainTeed

Los Angeles County Superior Court

Judge Maureen Duffy-Lewis

February 2011

Type of Case: Products Liability, Negligence, Malignant Pleural Mesothelioma

Case settled during Plaintiffs' case in chief in excess of $3 million as to all defendants.

Plaintiffs testifying witnesses: Arnold Brody, Ph.D., Richard Lemen, Ph.D., John Templin, CIH.

Victor served our country in the Merchant Marines where he was exposed to asbestos aboard ships. After his service, he became a construction superintendent and was exposed to asbestos-containing joint compound as well as asbestos-cement pipe during the construction of hundreds of homes in Orange County.

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Edward B. v. Crane Co.

Los Angeles County Superior Court

Judge Richard Rico

November 2010

Type of Case: Products Liability, Negligence, Malignant Pleural Mesothelioma

Case settled during Plaintiffs' case in chief in excess of $1.2 million as to all defendants.

Plaintiffs' testifying witnesses: Arnold Brody, Ph.D., Steven Paskal, CIH, Steven Dikman, M.D.

Ed was an engineer in a variety of manufacturing plants located east of Los Angeles. He worked in the Ameron pipe plant where he worked near co-workers who dumped crocidolite (blue) asbestos into hoppers for the construction of fluid pipe. During his lifetime, Ed also removed and replaced asbestos-containing gaskets and packing on valves.

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Francisco N. v. Advocate Mines

Los Angeles County Superior Court

Judge Aurelio Munoz

December 2009

Type of Case: Products Liability, Negligence, Malignant Peritoneal Mesothelioma

Mistrial - hung jury 8-4 in Plaintiffs' favor

Plaintiffs' testifying witnesses: Arnold Brody, Ph.D., John Bursnall, Ph.D., Steven Dikman, M.D., Gerald Dwyer, Arthur Frank, M.D., John Templin, CIH, Harold Kahlen and Ray Dascenszo.

Francisco was a laborer in the pipe wrapping department of Johns Manville's Long Beach facility. He was exposed to asbestos fiber supplied to the Johns Manville plant by a Canadian company called Advocate Mine. Francisco passed away shortly after the trial.

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Robert P. v. Nacco Materials

Los Angeles County Superior Court

Judge Mary Strobel

October 2009

Type of Case: Products Liability, Negligence, Malignant Pleural Mesothelioma

Case settled during voir dire in excess of $1.5 million as to all defendants.

Robert worked at the Anheuser-Busch brewery in Van Nuys as a maintenance machinist. He was exposed to and worked on asbestos-containing forklift brakes, industrial gaskets and valves.

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Albert D. v. Copeland Corporation, United Refrigeration

Los Angeles County Superior Court jury trial

Judge Yvette Palazuelos

August 2009

Type of Case: Products Liability, Negligence, Malignant Pleural Mesothelioma

Case settled after Voir Dire, opening statements and plaintiff's first witness, Dr. Steven Dikman: in excess of $2 million as to all defendants.

Bert was diagnosed with malignant pleural mesothelioma a day before Christmas in 2008 at the age of 86. He was occupationally exposed to asbestos from 1947 to 1985 during his work as a refrigeration mechanic where he would remove and replace asbestos-containing gaskets on compressors.

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Arlen K. v. Crane Co., Chevron

Los Angeles County Superior Court jury trial

Judge Mary Ann Murphy

January 2009

Type of Case: Products Liability, Negligence, Premises Liability, Malignant Pleural Mesothelioma

Case Settled during Voir Dire: in excess of $2 million as to all defendants.

Arlen was 59 years old when he was diagnosed with mesothelioma. He was exposed to asbestos during his work as a machinist in the Navy and at the Ingalls Shipyard in Pascagoula, Mississippi, where he worked with and around insulation, pipe covering, gaskets, and packing.

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Joseph S. v. CertainTeed

San Francisco County Superior Court jury trial

Judge Thomas Mellon Jr.

October 2008

Type of Case: Products Liability, Negligence, Environmental Exposure, Premises Liability, Malignant Peritoneal Mesothelioma.

Case settled after Plaintiff's case in chief: in excess of $2.6 million as to all defendants.

Plaintiff's testifying witnesses: Allen Smith, M.D., Arnold Brody, Ph.D., Richard Hatfield, Richard Cohen, M.D., Barry Horn, M.D., Kenneth Cohen, Barry Ben-Zion, Samuel Hammar, M.D.

Joseph was exposed to crocidolite asbestos from an asbestos-cement pipe plant approximately two miles upwind of his residence. He was also exposed to asbestos-containing building products during construction at his college dormitory.

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Hyam C. v. Rockwell Automation

Los Angeles County Superior Court jury trial

Judge Aurelio Munoz

September 2008

Type of Case: Products Liability, Negligence, Malignant Pleural Mesothelioma.

Case settled after the jury and all alternates were sworn: in excess of $2.2 million as to all defendants.

Hyam worked with asbestos-containing wire and phenolic resins on Navy ships. He was exposed to asbestos while working with these products including drilling, sanding and replacing equipment.

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Delia M. v. Riverside Cement

Los Angeles County Superior Court jury trial

Judge Mark Mooney

August 2008

Type of Case: Products Liability, Negligence, Wrongful Death, Malignant Pleural Mesothelioma.

Case settled after Plaintiff's case in chief: in excess of $2.2 million as to all defendants.

Plaintiff's testifying witnesses: Richard Hatfield, Richard Lemen, Ph.D, plaintiff's co-workers.

Delia's husband died of mesothelioma. He was exposed to asbestos during the mixing, sanding and cleanup of tape joint compound. He was also exposed to asbestos during the mixing and cleanup of Riverside gun plastic cement.

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Charles B. v. Advocate Mines

San Francisco County Superior Court jury trial

Judge John Stewart

November 2007

Type of Case: Products Liability, Negligence, Malignant Pleural Mesothelioma.

Case settled after Plaintiff's case in chief: in excess of $1.25 million as to all defendants.

Plaintiff's testifying witnesses: Advocate Mines union member, widow of Advocate Mines miner diagnosed with mesothelioma, James Robb, M.D., Richard Lemen, Ph.D, plaintiff's mother and plaintiff's wife.

Charles was diagnosed with mesothelioma at age 55. He was exposed to asbestos when his father - who worked at the Johns Manville asbestos-cement pipe plant in Louisiana - brought it home on his work clothes. Advocate Mines supplied asbestos to this asbestos-cement pipe plant during the years Charles, as a child, lived in his parent's home.

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Tony P. v. Vons Grocery Store

Los Angeles County Superior Court jury trial

Judge Tricia Ann Bigelow

October 2007

Type of Case: Products Liability, Premises Liability, Negligence, Malignant Pleural Mesothelioma.

Case settled during Plaintiff's case in chief: in excess of $1.4 million as to all defendants.

Plaintiff's testifying witnesses: Richard Lemen, Ph.D., William Longo, Ph.D, co-workers of plaintiff and plaintiff.

Tony was a carpenter who worked for a construction company which did the remodeling work for Vons supermarkets. Among various asbestos-containing building products, Tony was exposed to crocidolite asbestos when he was required to cut asbestos-containing transite board with a skilsaw.

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John D. v. Kaiser Gypsum

San Francisco County Superior Court jury trial

Judge Mary Wiss

June 2007

Type of Case: Products Liability, Negligence, Malignant Pleural Mesothelioma

Case settled after Plaintiff's case in chief: in excess of $2.1 million as to all defendants.

Plaintiff's testifying witnesses: Carl Andrew Brodkin, M.D., Eugene Mark, M.D., Richard Hatfield, Barry Castleman, Ph.D, Arnold Brody, Ph.D, plaintiff.

John was a plasterer who worked with stucco and drywall joint compound during his career. He was exposed to asbestos during the mixing, sanding and cleanup of tape joint compound.

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David F. v. Garlock Sealing Technologies

Los Angeles County Superior Court

Judge Conrad Aragon

March 2005

Type of Case: Products Liability, Negligence, Malignant Pleural Mesothelioma

Verdict: $10,309,000 with punitive findings. Case settled after verdict and before punitive phase.

Plaintiff's testifying witnesses at trial: Richard Lemen, Ph.D., Richard Hatfield, James Robb, M.D., and Plaintiff and his wife.

David was a Navy machinist who was diagnosed when he was 81 years old. He brushed, scraped and power brushed Garlock asbestos-containing gaskets off of metal flanges as part of his work as a Navy machinist during World War II.

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Colbath Plaza Homeowners Association v. Familian

Los Angeles County Superior Court trial

Judge Martin Suits (Van Nuys)

December 1997

Type of Case: Construction Defect

Judgment: $1,973,741.00

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