Air Brake Worker Lawsuits
- by Gavin
The Defendants in Air Brake Worker Lawsuits acknowledge that asbestos was present in the finished brake products, fully encapsulated in the casings. However, they seek to limit Plaintiff’s evidence at trial, contending that such evidence would be irrelevant and unfounded. Defendants also argue that workers’ compensation claims against them do not show a causal connection between the asbestos-containing brakes and the plaintiff’s injuries.
Defendant’s motion for summary judgment
In a recent decision, the Ninth Circuit denied Defendant’s motion for summary judgment in air brake worker lawsuits. The ruling reaffirms New York Air Brake’s right to dismiss employee lawsuits based on race, sex, and age. In addition, the Ninth Circuit held that the employer did not violate the Equal Protection Clause by failing to promote Hampton.
The plaintiffs argued that Air Brake had negligently installed asbestos-containing brake pads in Boeing light rail vehicles, even though Airbrake was unaware of these materials. Air Brake argued that the plaintiffs were not aware of the asbestos-containing brake pads until they filed their lawsuits and that the delay caused by their negligence rendered the lawsuits untimely. However, Air Brake has not been able to prevail on this claim because it did not include Air Brake as a defendant.
Claimant’s deposition testimony
During the deposition, the claimant testified that he never informed anyone at the VA Hospital on February 4, 1994, that he was injuring himself. Nurse Hickenbotham confirmed this. Both parties requested a summary judgment. After the deposition, the attorneys will discuss the case and determine whether a settlement offer should be made or a trial date should be set.
Generally, all parties to the case are present during a deposition. In many cases, the deponent has an attorney present, although his role in a courtroom is limited. In a deposition, questions are broader than they are during the trial. Additionally, the attorney for the deponent may object to certain questions. Nevertheless, the deponent is required to answer all questions that are properly asked. Objections are decided later. A judge is not present during a deposition.
Claimant’s claims for race and sex discrimination
A lawsuit brought by an African American woman alleges that she was fired for requesting air brake training and morning only schedule by her employer. Although she is a non-binary female, she identifies as a male. The case raises the issue of whether an employee can claim race and sex discrimination at the same time.
Claimant’s claims for mesothelioma
Mesothelioma is a rare and debilitating cancer caused by asbestos exposure. While it may not cause a fatal illness right away, mesothelioma usually takes thirty to fifty years to develop. Those who have been exposed to asbestos must seek compensation for their symptoms, medical bills, and lost wages. For families of those who have died due to asbestos exposure, mesothelioma lawsuits can help pay funeral expenses, and medical bills, and provide financial support to those left behind. Unfortunately, there is no cure for mesothelioma, but most cases do trace the source to asbestos exposure.
The resulting lawsuits have produced several high-profile results. One former U.S. Navy machinist received $71 million in damages. Another case involved a man who died of mesothelioma. Other recent cases include a former employee of a New York school bus company, who filed asbestos exposure lawsuits and won a $25 million verdict.
The Defendants in Air Brake Worker Lawsuits acknowledge that asbestos was present in the finished brake products, fully encapsulated in the casings. However, they seek to limit Plaintiff’s evidence at trial, contending that such evidence would be irrelevant and unfounded. Defendants also argue that workers’ compensation claims against them do not show a causal connection…
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