Case Decisions

Category: Case Decisions

May 25, 2016 • Asbestos Case Tracker, Bare Metal/Component Parts, Case Decisions

MDL 875 Clarifies That Absent Sufficient Exposure, Bare Metal Defense Applied in Maritime Law Bars Negligence and Strict Product Liability Claims

In January 2013, this case was removed on the basis of federal question jurisdiction and assigned to MDL 875. The plaintiffs alleged asbestos exposure while serving in the Navy. Applying maritime law, the court granted summary judgments filed by Buffalo Pumps, CBS Corporation, Foster Wheeler, General Electric, IMO Industries, and Warren Pumps, based upon the …

May 25, 2016 • Asbestos Case Tracker, Case Decisions, Missouri, Remand/Removal

Cause Remanded to State Court After Federal Officer Defendants Dismissed

The plaintiff filed an asbestos suit in Missouri; defendant Crane Co. removed to federal court based on federal officer jurisdiction, in which Warren Pumps and CBS Corporation joined. All three defendants were dismissed and the plaintiff moved to remand, which the court granted. “…[I]f the federal party is eliminated from the suit after removal…the district …

May 24, 2016 • Asbestos Case Tracker, California, Case Decisions, State, State>California

Special Electric’s Judgment Notwithstanding the Verdict Overturned on Appeal Despite Sale of Raw Asbestos Was to Sophisticated User Johns Manville

Plaintiff William Webb brought a claim against multiple defendants for his alleged development of mesothelioma as a result of his occupational exposure to crocidolite while working for Pyramid Pipe as a warehouseman and truck driver. A supplier of raw asbestos, defendant Special Electric, was found liable for failure to warn and negligence. Special Electric supplied …

May 23, 2016 • Asbestos Case Tracker, Case Decisions, Statute of Repose

Dismissal of Third-Party Complaint Brought by City of Phoenix Against Contractors and Developers Upheld on Appeal Based Upon Statute of Repose

In 2013, Carlos Tarazon filed a lawsuit against the City of Phoenix, alleging that he developed mesothelioma as a result of asbestos exposure while performing pipe installation and other repairs for the city on projects that took place between 1968 and 1993. The city, in turn, filed a third-party complaint against the developers and contractors …

May 23, 2016 • Asbestos Case Tracker, Case Decisions, Connecticut, State, State>Connecticut

Applying Connecticut Law, Court Finds Existence of Duty in Asbestos Claim Against Sporting Goods Properties, Inc.

Surviving spouse and personal representative of the decedent filed a three-count complaint against multiple defendants, alleging failure to warn, loss of consortium, and conspiracy due to damages from alleged asbestos exposure. Defendant Sporting Goods Properties, Inc. filed a motion to strike all three counts for failure to state a claim, which plaintiff opposed. The court …

May 23, 2016 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Maryland, Motions in Limine, Summary Judgment

Plaintiff’s Expert’s Testimony Precluded and Summary Judgment Granted Where Expert Disclosure Was Untimely, the Expert Opinion Lacked Sufficient Factual Basis, and Plaintiff’s Claims Were Legally Insufficient on Causation

In this case, the plaintiff sued numerous manufacturers and distributors of products allegedly containing asbestos, including Defendant General Electric Company (GE), following his diagnosis of mesothelioma. The plaintiff designated Dr. Robert Vance, an industrial hygienist, to testify regarding the sources of the plaintiff’s asbestos exposure. As to GE, Dr. Vance noted in his report that …

May 19, 2016 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, State>Florida

Case Remanded to State Court as Defendants Could Not Use the Federal Officer Removal Statute Where the Plaintiff Expressly Disclaimed Any Naval Asbestos Exposure

Plaintiff Richard Batchelor, a former employee of Florida Power & Light Company who was diagnosed with terminal mesothelioma after he was exposed to and inhaled asbestos fibers from asbestos-containing products manufactured, sold, supplied, distributed, or controlled, by the defendants, sued in the Circuit Court for the 11th Judicial District in and for Miami-Dade County Florida …

May 19, 2016 • Asbestos Case Tracker, Case Decisions, Summary Judgment

Summary Judgment in Favor of the U.S. Government Reversed as Finder of Fact Could Reasonably Conclude Naval Facility Asbestos Exposure was Substantial Factor in Causing Plaintiff’s Mesothelioma

Plaintiff Roger Botts, a former deliveryman who developed mesothelioma after being around work which exposed him to asbestos, including the removal, installation, and fabrication of asbestos on board ships and around the Puget Sound Naval Shipyard between 1970 and 1976, sued the United States Government in the U.S. District Court for the Western District of …

May 12, 2016 • Asbestos Case Tracker, Case Decisions, Florida, State, State>Florida

District Court’s Denial of Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction Reversed Upon Reconsideration on the Basis of Lack of Specific Jurisdiction

The plaintiff, who developed mesothelioma as a result of exposure to asbestos products while working in Massachusetts between the 1940s and 1970s, sued the defendant Union Carbide and others in the U.S. District Court for the Southern District of Florida, where he later moved, seeking compensatory damages pursuant to causes of action for negligence, strict …

May 11, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Trial Court Denies Mechanical Contractor’s Motion for Summary Judgment Opposed by Co-Defendants

The plaintiff sued the defendants for his mesothelioma allegedly contracted from his work at the Northpoint Power Station in Northport, Long Island. Mechanical contractor, O’Connor, moved for summary judgment as to the plaintiff’s claims and cross claims. The motion was opposed by co-defendants National Grid and National Grid USA Service Company. O’Connor maintained that summary …