Asbestos Case Tracker

Keeps you up to date on the evolving landscape of asbestos litigation with summaries of and access to the latest court decisions from across the country.
Editors: Joseph J. Welter and Jason A. Botticelli 

Applying Maritime Law, Defendants' Summary Judgment Motions Denied in Case Alleging U.S. Navy ExposureSeptember 25, 2015

Joint Compound Manufacturer's Summary Judgment Overturned on Appeal Based on Issue of Fact of Plaintiff's Contradictory Testimony September 24, 2015

Brake Defendant's Motion to Preclude Causation Expert Under Daubert DeniedSeptember 24, 2015

Missouri Court, Applying Maryland Law, Upholds $4 Million Verdict, Rejecting Arguments on Expert Challenges, Offsets, and Defective Damages VerdictSeptember 24, 2015

Defendants' Motion in Limine To Exclude Expert Testimony on “Each and Every Exposure” Opinion Denied Based on Federal and Illinois LawSeptember 22, 2015

Release Agreement in Prior Claim Does Not Bar Future FELA ClaimSeptember 18, 2015

Decedent's At-Home Asbestos Exposure From Employer's Products Does Not Bar the Application of California Workers' Compensation Act September 18, 2015

Louisiana Federal Court Grants Three Defendants' Summary Judgment Motions Due to Lack of ExposureSeptember 11, 2015

Wisconsin Federal Court Refuses to Enforce Settlement and Ruled Defendant Waived Defenses of Standing, Mootness, and Issue PreclusionSeptember 11, 2015

Court Rejects Plaintiffs' Experts' Opinions Because They Did Not Read Plaintiff's Deposition Testimony and Grants Summary Judgment Based on Insufficient Product ExposureSeptember 9, 2015

Court of Appeals Upholds Lower Court's Rulings Denying Caterpillar's Motions for Summary Judgment, a New Trial, and to Vacate Jury Award September 9, 2015

Defendants' Motion for Summary Judgment on Judicial Estoppel Grounds Denied Because Plaintiff Did Not Act in Bad Faith When He Failed to Disclose His Asbestos Lawsuit in Subsequent Bankruptcy FilingSeptember 9, 2015

State of The Art Experts Drs. Markowitz and Rosner Found Qualified to TestifySeptember 4, 2015

Court Provides Mixed Ruling in Applying Kansas Law and Granting Summary Judgment to One Defendant, but not the OtherSeptember 4, 2015

Court Applies Delaware's Borrowing Statute in Granting Defendants' Summary Judgment on Statute of Limitations September 3, 2015

Court Refuses to Dismiss Garlock’s RICO Complaints Against Plaintiff Law FirmsSeptember 3, 2015

Connecticut Appellate Court Affirms Dismissal of Asbestos Action for Failure to Prosecute the Action with Reasonable DiligenceSeptember 2, 2015

Plaintiff's Expert B Reader Found Qualified to Testify on Exposure and CausationSeptember 1, 2015

Plaintiff’s Expert Found Qualified to Testify and Pump Manufacturer Denied Summary Judgment on Frequency, Regularity, and Proximity ArgumentAugust 31, 2015

NYCAL Judge Puts Punitive Damages Back "On the Table" and Rules Defendants Raised Issues "That Warrant a Complete Re-Examination of the CMO"August 31, 2015

U.S. District Court in Illinois Denies Defendants’ Motion for Summary Judgment Under Statute of Limitations and Government Contractor DefensesAugust 28, 2015

Although Appeal Deemed Moot, Maryland Appellate Court Analyzes Joinder of Asbestos-Related and Smoking-Related Lung Cancer Cases August 28, 2015

Preclusion of Plaintiff’s Expert Witness and Defendant’s Investigation of Juror Do Not Warrant New TrialAugust 27, 2015

Washington Court Affirms Trial Court Order Granting Summary Judgment to Employer, Refusing to Extend Deliberate Intention Exception to Washington’s Industrial Insurance ActAugust 25, 2015

Louisiana Appellate Court Tosses Verdict Against One Defendant But Not Another, After Finding Verdict InconsistentAugust 24, 2015

John Crane Inc. Establishes Prima Facie Entitlement to Summary JudgmentAugust 24, 2015

Court Affirms Judgment on Multiple Grounds, But Remands Case for Redetermination of a Post-Verdict SettlementAugust 21, 2015

Plaintiff's B Reader Expert Held Qualified to Testify as to Causation of Plaintiff's AsbestosisAugust 20, 2015

Federal Court Refuses to Maintain Supplemental Jurisdiction After Plaintiff Amends ComplaintAugust 19, 2015

National Grid Successfully Opposes Co-Defendant's Motion to Dismiss Cross-Claims August 19, 2015

Court Grants Non-Party Expert’s Motion to Quash Subpoena Even Though Items Sought Deemed Relevant August 14, 2015

Plaintiff's Expert Found Qualified to Testify, But Not Allowed to Give "Every Exposure" Causation Testimony August 13, 2015

Establishing Asbestos and Non-Asbestos Products On the Market, Coupled With Plaintiff's Lack of Proof That Product Contained Asbestos, Is Not Enough To Meet Tile Manufacturer's BurdenAugust 12, 2015

California Appellate Court Holds No Duty for Vessel Owner Based on No Active ControlAugust 12, 2015

Outside Contractor Granted Summary Judgment Under Frequency, Proximity, and Regularity Proximate Cause AnalysisAugust 11, 2015

Plaintiffs' Concession to Not Pursue Navy Exposure Results in Remand Under Federal Officer Removal StatuteAugust 11, 2015

Valve Manufacturer's Bare Metal Motion for Summary Judgment DeniedAugust 10, 2015

Another Jurisdictional Battle Results in Transfer of Venue from Tennessee to Louisiana In Asbestos CaseAugust 5, 2015

Applying Alabama Law In Two Cases, Federal Court Grants One Motion and Denies Another to Engine Manufacturers Under Bare Metal DefenseAugust 5, 2015

Defendant Granted Summary Judgment Despite Allowance of Late Evidence of Product on SiteAugust 4, 2015

Georgia Court Dismisses Negligent Failure to Warn Claim Against Local Vendor, But Not ManufacturerAugust 3, 2015

Willful and Wanton Claim Dismissed in Asbestos CaseAugust 3, 2015

NYCAL Court Denies Post-Verdict Disclosure of Settlement Amounts and AgreementsAugust 3, 2015

NYCAL Court Consolidates Some Cases But Not OthersAugust 3, 2015

Plaintiffs' Replacement Expert's Testimony Limited in Scope to That of Originally Disclosed ExpertJuly 31, 2015

Plaintiff's Motion to Remand Denied as Complaint Did Not Put Defendants on Notice of Federal ClaimsJuly 31, 2015

Crane Co. Granted Summary Judgment in Two California Federal Court Cases July 31, 2015

Illinois Appellate Court Reverses Verdict Based on Defendant Being Precluded from Introducing Alternative Exposure Evidence July 31, 2015

Defendants Unsuccessful in Removal Effort Based on DiversityJuly 30, 2015

Plaintiffs' Motions for Remand Granted In two Federal Court CasesJuly 29, 2015

Rare Defense Victory Where NYCAL Court Denied Consolidation of Cases for TrialJuly 29, 2015

Brake Manufacturer Obtains Dismissal of Claims of Willful and Wanton ConductJuly 28, 2015

Pump Manufacturer Fails to Establish a Prima Facie Entitlement to Summary JudgmentJuly 28, 2015

Rhode Island Superior Court, Applying Ohio Law, Dismisses Claims Based on Bare Metal Defense and Statute of ReposeJuly 24, 2015

Railroad Companies Awarded Dismissals for Plaintiffs’ Failure to Properly Plead Successor-In-Interest LiabilityJuly 21, 2015

Court Rules on Personal Jurisdiction Issues Involving Dana CorporationJuly 20, 2015

California Appellate Court Upholds Rejection of Lay and Expert Witness and Grants Zenith Summary Judgment in Radio Tube Asbestos Case July 20, 2015

Georgia Court of Appeal Granted Summary Judgment in Part and Denied it In Part to CertainTeedJuly 20, 2015

Maryland Court Scrutinizes Product Identification Evidence and Grants Summary Judgment to Crane Co.July 20, 2015

North Carolina Federal Court Grants Summary JudgmentJuly 20, 2015

California Appellate Court Reverses $32.5 Million Punitive Damage Award Against BorgWarner, Among Other RulingsJuly 16, 2015

District Court Denies Plaintiffs' Motion to Remand Case Against Airplane ManufacturerJuly 15, 2015

Plaintiff Allowed Limited Discovery as to Corporations' Relationship in Denying Automaker's Motion to DismissJuly 14, 2015

First Department Rules NYCAL Court Had Power to Change CMO on Punitive Damages, But Also Violated Defendants’ Due Process Rights July 9, 2015

Third Circuit Reverses Grant of Summary Judgment in Aircraft Mechanic CaseJuly 8, 2015

Floor Tile Manufacturer Failed to Meet Prima Facie Burden for Summary JudgmentJuly 8, 2015

Federal Court Refuses to Remand Coast Guard Ship Exposure Complaint, Removed Under Federal Officer Removal StatuteJuly 7, 2015

Tennessee Court Permits Causation Opinions on Exposure to Asbestos, Diesel Fumes, and Secondhand Smoke in Throat Cancer Case Based on Differential Diagnosis ApproachJuly 6, 2015

Court Analyzes Damages Under FELAJuly 2, 2015

Circumstantial Evidence Found Sufficient to Overcome Summary Judgment Motion by Pump Manufacturer, but Case Dismissed Against Honeywell for Lack of JurisdictionJuly 2, 2015

Brake Manufacturers Successfully Challenge Plaintiff’s Experts on Every Exposure and CausationJuly 1, 2015

Long Arm Jurisdiction Upheld Against Asbestos BrokerJuly 1, 2015

General Electric, Westinghouse, and Foster Wheeler Granted Summary Judgment on Bare Metal Defense Under Maritime LawJune 29, 2015

Court Denies Plaintiff's Motion to Amend Complaint to Reflect Only Remaining PartiesJune 29, 2015

Plaintiff's Expert Industrial Hygienist Found to Be Qualified to Offer Testimony on Non-Specific Levels of Asbestos ExposureJune 26, 2015

California Court Rejects Plaintiffs' Expert Opinion and Grants Railroad Summary Judgment Under FELA on Lack of CausationJune 26, 2015

General Electric Granted Summary Judgment on the Bare Metal Defense Under Maritime LawJune 26, 2015

Washington Appellate Court Upholds Dismissal on Statute of Limitations Grounds of Wrongful Death ClaimJune 24, 2015

Federal Court Certifies Question for Alabama Supreme Court on Duty and Causation for Take-Home Exposure CaseJune 24, 2015

Appellate Court Finds Safety Orders Impose Duty on Electrical ContractorJune 22, 2015

Court Allows Defendants' Experts' Testimony on Alternative Exposure, as Well as Decedent's Testimony Against Defendant Who Had Not Been Sued Prior to Decedent's Deposition and DeathJune 22, 2015

California Appellate Court Reverses Dismissal of Two Cases Where Equipment Was Used in Connection With Asbestos Brake LiningsJune 19, 2015

Superior Court of Pennsylvania Reaffirms No Bar to Suing Employer June 19, 2015

Valve Manufacturer's Appeal on Summary Judgment Denied on Foreseeable Use of Asbestos-Containing Component PartsJune 15, 2015

Federal Court Exercises Supplemental Jurisdiction in Denying Plaintiff’s Request to RemandJune 12, 2015

Turbine Manufacturer's Motion for Summary Judgment Denied on Statute of Repose; Gasket Manufacturer's Motion Granted for Lack of Product IDJune 11, 2015

Valve Manufacturer Granted Summary Judgment on Appeal Because Salvage/Demolition Not Foreseeable Use of Product June 10, 2015

Plaintiff Granted Remand of Shipyard's Removal to Federal CourtJune 10, 2015

Floor Tile Manufacturer Fails to Establish Prima Facie Entitlement to Summary JudgmentJune 8, 2015

Mixed Ruling on Brake Manufacturers' Motions to Preclude Case Reports June 4, 2015

Several Automotive Parts Manufacturers and Tractor Manufacturer Granted Summary Judgment on Various GroundsJune 2, 2015

Federal Court Allows Plaintiff to Submit Late Updated Expert Report, But Allows Defendants Additional DiscoveryJune 1, 2015

Mixed Ruling on Brake Defendant's Motion in Limine on Expert Testimony Regarding Corporate ConductJune 1, 2015

Federal Court Remands Two Cases with Nexus to Naval Asbestos Exposure to State CourtMay 22, 2015

Plaintiffs' Claim of Mental Anguish for Observing Progression of Decedent’s Mesothelioma DismissedMay 22, 2015

NYCAL Court Reduces $20 Million Verdict to $6 Million Against Boiler Manufacturer, But Denies Other Post-Trial MotionsMay 19, 2015

Granting of Summary Judgment to Defendant Shipping Companies Overturned in Maritime Action, Based on Negligence Standard in Jones ActMay 19, 2015

In Wisconsin: Single Fiber Theory on Causation Held Scientifically Unreliable; Longo Precluded; Castleman Opinion Partially PrecludedMay 15, 2015

Appellate Court Opens Door for Plaintiff to Include Lung Cancer Asbestos Claim Beyond Statute of LimitationsMay 13, 2015

In an Extensive Decision, Court Excludes Many Post-Exposure Pieces of Evidence Against Brake DefendantsMay 12, 2015

Supreme Court Upholds Take-Nothing Judgment for Property Owner Based on Texas Statute Relating to Outside Contractors May 11, 2015

Pump Manufacturer’s Reliance on Affidavit of Technical Consultant Fails to Create a Prima Facie Entitlement to Summary JudgmentMay 11, 2015

Defendants Successfully Argue to Apply More Favorable Tennessee Laws Limiting Damages in Rhode Island Asbestos CaseMay 6, 2015

NYCAL Court Consolidates Nine Cases Into Three Groups Based on Malcolm Factors and Common Questions of Law and Fact May 6, 2015

New NYCAL Judge Denies Summary Judgment For Tile Setter Asbestos Claim, Ruling Defendant Did Not Meet Prima Facie Burden Under New York Labor Law May 4, 2015

Question of Fact Found Regarding if Asbestos Insulation Supplied by Company Was for Improvement of Real Property as Required Under Wisconsin Statute of ReposeApril 29, 2015

Federal Procedural Law Applied Over State Law in Summary Judgment Motions Brought by Manufacturers of Safety Mask and Aircraft Component Parts in Naval Exposure Case April 29, 2015

Premises Defendant Granted Conditional Mandamus Relief in Finding the Lower Court Abused its Discretion in Ordering a New Trial Following a No Liability Jury Verdict April 27, 2015

Pennsylvania Superior Court Rules, Inter Alia, No Right to Offset for Bankruptcy Trust Claims April 20, 2015

Pennsylvania Appellate Court Applies "Frequency, Regularity, Proximity" Standard, Dismissing Bystander Exposure Claim April 20, 2015

Tile Manufacturer’s Failure to Establish a Prima Facie Case on Lack of Exposure to Its Product Leads to Denial of Summary JudgmentApril 17, 2015

Military Records Found to Fall Within the Hearsay Exception for a Public Record in Denial of Summary JudgmentApril 17, 2015

Southern District of Illinois Denies Motion to Remand Alleged Aircraft Engine Asbestos Exposure Based on Federal Contractor DefenseApril 15, 2015

NYCAL Issues Bombshell Decision, Ruling Exposure to Friction Products Is Incapable of Causing Mesothelioma and Rejecting the Cumulative Exposure Theory April 15, 2015

Nexus Between Decedent and Nash Pumps Aboard USS Iowa Found to Be Insufficient in Granting of Summary Judgment April 14, 2015

General Evidence of Asbestos-Containing Products, Without Proof Linking the Products to Plaintiff's Work, Held Insufficient to Overcome Summary JudgmentApril 13, 2015

Action Involving Common Law Maritime Claims Remanded to State CourtApril 13, 2015

Circumstantial Evidence of Decedent’s Development of Asbestosis and Alleged Resulting Death and Damages Sufficient to Overcome Summary Judgment April 13, 2015

Federal Court Precludes Plaintiff Aircraft Expert Under Daubert and Grants Summary Judgment April 10, 2015

Lack of Evidence of Exposure to Asbestos-Containing Products Leads to Multiple Defendants Obtaining Summary Judgment Under New Jersey and Maritime Law April 10, 2015

Under Georgia Law, Appellate Court Rejects Defendant’s Daubert Challenge to Dr. Abraham and Allows Punitive Damage Claim April 1, 2015

Applying the U.S. Supreme Court’s Ruling in Daimler, California Court of Appeal Rules Railroad Defendant Not Subject to Personal Jurisdiction in Asbestos Case March 30, 2015

Lack of Asbestosis in Lung Cancer Case Leads to Affirmation of Denial of Workers' Compensation Dependent Benefits March 30, 2015

Appeals Court Rules on Several Evidentiary Issues in Talc-Asbestos Exposure Case, Ultimately Upholding $1.6 Million Verdict March 30, 2015

Circumstantial Evidence of Decedent’s Exposure to Asbestos Gaskets During Compressor Overhauls Held Not Speculative March 27, 2015

Failure to Attach Catalogues Confirming No Distribution of Asbestos-Containing Product Leads to Denial of Summary Judgment March 27, 2015

Federal Court Refuses to Remand State Law Asbestos Case Where Discovery Was Completed and Dispositive Motions Decided March 25, 2015

Sons' Use of Distributor's Brake Parts Held Not Speculative in Take-Home Exposure Case March 23, 2015

Statute of Limitation in Wrongful Death Action Held to Have Commenced at Time of Decedent's Diagnosis March 20, 2015

Circumstantial Evidence Found Sufficient to Defeat Defendants' Motions for Summary Judgment March 20, 2015

Court Upheld Preclusion of Testimony of Asbestos Content Based On Visual Observation March 19, 2015

Appellate Court Reverses and Certifies an Asbestos Class Action for Medical Monitoring Costs March 19, 2015

FELA Asbestos Verdict Upheld on Appeal, Rejecting Defendant’s Challenge to Lack of Evidence of Negligence and Charge on Preexisting InjuryMarch 19, 2015

Post-Trial Dismissal of Plaintiff’s Claims Adhered to Upon Motion for Rehearing and Reargument March 18, 2015

Defendant Failed to Meet Initial Burden of Proof in Denial of Motion for Summary Judgment March 18, 2015

Challenges to Sufficiency of Asbestos Plaintiffs' Pleadings Continue in Illinois and Missouri Federal Courts (Mar. 5, 2015)March 6, 2015

Northern District of California - Plaintiffs' Complaint Dismissed for Failure to Plead Circumstances of Asbestos Exposure That Justify Defendants' Potential Liability (Mar.2, 2015)March 5, 2015

Western District of Washington - Applying Admiralty Law, Court Grants Summary Judgment for Lack of Proof That Product Contained Asbestos (Mar. 3, 2015) March 5, 2015

Superior Court of New Jersey, Appellate Division - Grant of Summary Judgment to Defendant Reversed Under the Jones Act and Maritime Law (Mar. 3, 2015)March 4, 2015

Western District of Washington - Under Maritime Law, Expert Opinion on Likelihood of Exposure to Original Asbestos Alone Still Insufficient to Establish Causal Connection (Mar. 2, 2015)March 3, 2015

Supreme Court, New York County (NYCAL) - Court Finds Duty to Warn if Machine Is Used to Grind Asbestos-Containing Brakes (Feb. 20, 2015)March 2, 2015

New York Appellate Division, First Department (NYCAL) - Piercing Corporate Veil, Role in Distribution and Personal Jurisdiction (Feb. 26, 2015)February 27, 2015

Southern District of Illinois - No Personal Jurisdiction in Illinois Over Multiple Defendants (Feb. 19, 2015)February 27, 2015

Eastern District of Louisiana - Possible Exposure to Brake Products Held Insufficient to Defeat Summary Judgment (Feb. 24, 2015)February 27, 2015

U.S. District Court for the Western District of Washington - Superseding Cause, Strict Liability, and Government Contractor Defense Analyzed in Motion for Summary Judgment (Feb. 23, 2015)February 26, 2015

Superior Court of Connecticut - Court Requires Defendant to Disprove Broad Complaint Allegations (Feb. 3, 2015)February 26, 2015

U.S. District Court, District of Maryland - Court Remanded Case, Finding No Colorable Federal Contractor Defense (Feb. 24, 2015)February 26, 2015

U.S. District Court for the District of Connecticut - Dismissal of Asbestos Claims for Lack of Causation Under Connecticut and Maritime Law (Feb. 19, 2015)February 20, 2015

U.S. District Court for the Western District of Washington – Possibility of Product on Ship and Navy Prohibition on Warnings Found to Be Issues of Fact (Feb. 11, 2015)February 17, 2015

U.S. District Court for the Eastern District of Louisiana – Industrial Hygienist William Dyson’s Dose Reconstruction Methodology for Assessing Levels of Asbestos Exposure Found Scientifically Reliable Under Daubert (Feb. 11, 2015)February 17, 2015

California Court of Appeal: California Applies Higher Texas Standard on Causation and Dismisses Asbestos Case (Feb. 10, 2015)February 13, 2015

Wisconsin Court of Appeals: Court Avoids Statute of Repose While Dismissing Plaintiff's Claims on Lack of Causation (Feb. 10, 2015)February 13, 2015

New York Supreme Court, New York County (NYCAL) – Manufacturer’s Proof Regarding Exterior Insulation Scrutinized and Rejected (Feb. 5, 2015)February 12, 2015

New York Supreme Court, New York County (NYCAL) – $190 Million Verdict Reduced to Under $30 Million (Feb. 5, 2015)February 10, 2015

Supreme Court of New York, Appellate Division, First Dept. (NYCAL): Indirect Evidence of Contractor Presence Enough to Go to Jury (Feb. 5, 2015)February 9, 2015

Federal Court, Eastern District Wisconsin - Mesothelioma Claim Barred Based on Issue Preclusion (Feb. 3, 2015) February 4, 2015

Supreme Court of Utah - Wrongful Death Damages Limited, Riggs v. Georgia-Pacific, LLCFebruary 2, 2015

Court of Appeals of Wisconsin, Peter v. Sprinkmann Sons Corp. (Jan. 27, 2015)January 28, 2015

Missouri Federal Court - Boggs v. American Optical, E. D. Mo. (Jan. 22, 2015)January 26, 2015