Case Decisions

Category: Case Decisions

November 4, 2016 • Asbestos Case Tracker, Case Decisions, Remand/Removal

Various Cases Remanded to State Court After Joinder of Law Firm Alleged to Have Induced Plaintiffs to Accept Artificially Low Settlement Amounts Extinguished Diversity Jurisdiction

Various plaintiffs (Baclaan plaintiffs) filed a motion to remand and/or abstain and a motion for leave to name a new party defendant. Other groups of plaintiffs (Toro plaintiffs and Hopkins plaintiffs) filed similar motions in their respective cases. Defendant Arter & Hadden LLP (A&H) filed a joint memorandum in opposition to all three motions, to …

November 2, 2016 • Asbestos Case Tracker, Case Decisions, Remand/Removal

Grant of Remand to State Court Reversed in Favor of Shipyard Defendants

The plaintiffs brought this action in state court against numerous defendants including Foster Wheeler LLC and Foster Wheeler Energy Corporation alleging Mr. Ripley developed mesothelioma while working as a boilermaker at Norfolk Naval Shipyard in Virginia from 1969-72 and again from 1974 until the late 1970s. Foster Wheeler removed the case based on the federal …

November 1, 2016 • Asbestos Case Tracker, Case Decisions, Maryland, Remand/Removal

Identity of Navy Ship Where Plaintiff Served Enough to Trigger Federal Officer Removability Clock

Plaintiff Marvin Smith alleged asbestos exposure while serving as a fireman in the U.S. Navy from 1951-54, and while working as a fireman and warehouseman at various shipyards and warehouses. The plaintiff and his wife sued various defendants in state court after he was diagnosed with pleural mesothelioma. Defendant Crane Co. removed this mesothelioma case …

October 31, 2016 • Asbestos Case Tracker, Case Decisions, Summary Judgment

Motion for Reconsideration Denied for Defendant’s Failure to Put Forth Necessary New Evidence

The plaintiffs brought this action against multiple defendants including Foster Wheeler and Crane Co. for injuries allegedly sustained while Mr. Osterhaut served in the U.S. Navy onboard the USS Roan. Summary judgment was denied as to both Foster Wheeler and Crane. Crane filed the instant Motion for Reconsideration. The court noted that reconsideration is appropriate …

October 31, 2016 • Asbestos Case Tracker, Case Decisions, Missouri, Remand/Removal

Plaintiff’s Motion for Costs, Fees, Expenses, and Sanctions Denied but Granted as to Remand for Untimely Removal

The plaintiff brought this suit against numerous defendants including Ford Motor Company. She alleged that the decedent developed and passed from mesothelioma as a result of exposure to dust from products manufactured, sold, and distributed while Mr. Bristol worked as a mechanic at a Ford dealership from 1972-1989. Ford removed the case a day after …

October 28, 2016 • Asbestos Case Tracker, Case Decisions, State>Indiana, Summary Judgment

Third Circuit Reverses Summary Judgment for Switchgear Manufacturer and Remands

Carol J. Zellner, on behalf of the estate of Clifford R. Zellner, appealed the U.S. District Court for the Eastern District of Pennsylvania’s order granting summary judgment in favor of CBS Corporation to the U.S. Court of Appeals for the Third Circuit, arguing that the district court erred in finding that she failed to establish …

October 26, 2016 • Asbestos Case Tracker, California, Case Decisions, State, State>California

Plaintiffs’ Motion for Sanctions Denied for Failure to Establish Spoliation of Evidence

The plaintiffs contended that their decedent was exposed to asbestos while working as a machinist at a shipyard owned by Electric Boat Corporation from 1962-65. At the close of discovery, a period in which several discovery motions were filed, the plaintiffs filed this motion for spoliation of evidence. The plaintiffs asserted that Electric Boat spoliated …

October 26, 2016 • Asbestos Case Tracker, California, Case Decisions, Discovery, State, State>California

Sanctions Granted Against Defendant for Suspension of Corporate Representative Deposition

The plaintiffs’ brought this action against Electric Boat and General Dynamics for their decedent’s alleged development of mesothelioma as a result of his work as a machinist at the defendants’ shipyards. The plaintiffs sought depositions of the corporate representatives of both Electric Boat and General Dynamics since Electric Boat operated as a division of General …

October 26, 2016 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

Removal Found Procedurally Proper Based on Diversity

The plaintiffs, Nolan and Susan Legeaux, brought a motion to remand their asbestos case from federal court arguing that removing defendants failed to follow the correct removal procedure, that there are non-diverse defendants, and that the federal officer removal statute, 28 U.S.C. § 1442, is not applicable to the facts of the case. The motion …

October 21, 2016 • Asbestos Case Tracker, Case Decisions, Damages, FELA, State>Illinois, Statute of Limitations

Court Upholds Verdict in FELA Matter in Face of Limitations Argument But Vacates Damages Award and Remands

In this negligence actions brought under the Federal Employers’ Liability Act (FELA), the Appellate Court of Illinois, Fourth District, affirmed the jury’s verdict against defendant Illinois Central Railroad Company (Central) but vacated the award of damages and remanded for a new damages hearing. In 2003, Paul McGowan was diagnosed with lung cancer and died. In …