Case Decisions

Category: Case Decisions

May 15, 2015 • Asbestos Case Tracker, Case Decisions, Verdict Reduction

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

In this NYCAL case, the plaintiff’s decedent, Charles Hillyer, allegedly developed mesothelioma from asbestos exposure during his work as a steamfitter between 1960 and 1983. At the time of trial, there were three remaining defendants: Burnham; Cleaver Brooks, Inc.; and William Powell Company. Cleaver Brooks settled during the trial and William Powell obtained a voluntary discontinuance from … Continued

May 14, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Single Fiber, Cumulative Exposure, Wisconsin

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

In two asbestos cases, Owens Illinois, Inc. sought to exclude an opinion by the plaintiffs’ experts that “any exposure to asbestos, no matter how slight, remote or insignificant, is a cause or substantial contributing factor in causing Plaintiffs’ diseases.” The company also sought to exclude the testimony and testing of William Longo under FRE 702. The … Continued

May 11, 2015 • Asbestos Case Tracker, Case Decisions, Motions in Limine, North Carolina

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

The plaintiff commenced this action alleging exposure to asbestos as a brake mechanic at various locations, with his last claimed exposure to Ford brakes in 1960 and Bendix brakes in 1962. In a pretrial motion in limine, defendants Ford and Honeywell sought to exclude all different types of post-exposure evidence the plaintiff sought to introduce at trial. … Continued

April 29, 2015 • Asbestos Case Tracker, Case Decisions, Consolidation, New York

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

In this NYCAL case, the plaintiff brought a motion to consolidate nine asbestos actions for joint trial, claiming that there are common questions of law and fact. The court relied on the factors set forth in Malcolm v. National Gypsum Co., 995 F.2d 346, 350-351 (2d Cir. 1993): common worksite; similar occupation; similar time of exposure; … Continued

April 28, 2015 • Asbestos Case Tracker, Case Decisions, Statute of Repose, Wisconsin

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

In this case, the plaintiff, Robin Sorenson, filed strict product liability and negligence claims on behalf of herself and the estate of the decedent who worked as an insulator from 1955 to 1997 and died of lung cancer in 2009. One of the defendants, Building Services Industrial Sales, Inc. (BSIS), a supplier of asbestos insulation to … Continued

April 27, 2015 • Asbestos Case Tracker, Case Decisions, State>Florida, Summary Judgment

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

In this federal court case that was removed from Florida state court, the plaintiff, Darryl Dugas, and his wife filed a second amended complaint alleging four causes of action regarding their claim that Mr. Dugas developed mesothelioma from his work as an aircraft structural mechanic with the U.S. Navy between 1967 and 1971. The four … Continued

April 23, 2015 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Texas

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

The plaintiff’s decedent, Willis Whisnant, Jr., worked as a pipefitter at various plants from 1947 through 1986. He worked off and on at DuPont from 1966 through 1975, where he was allegedly exposed to airborne asbestos fibers. The decedent, who had a 40-year smoking history, was diagnosed with lung cancer in 1997. He commenced his … Continued

April 17, 2015 • Asbestos Case Tracker, Case Decisions, Pennsylvania, Single Fiber, Cumulative Exposure

Pennsylvania Appellate Court Applies “Frequency, Regularity, Proximity” Standard, Dismissing Bystander Exposure Claim

The plaintiff commenced this action, alleging bystander exposure to brake work done on a P&H crane brakes. The defendants moved for summary judgment on the grounds there was insufficient evidence of asbestos exposure to any P&H crane brakes. In opposition to the motion, the plaintiffs relied on the following proof as recounted by the court: … Continued

April 17, 2015 • Asbestos Case Tracker, Bankruptcy Trusts, Case Decisions, Pennsylvania

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

The Superior Court of Pennsylvania recently reviewed on appeal a variety of post-trial issues in two mesothelioma cases that went to trial in the Philadelphia Court of Common Pleas. Of particular interest is the court’s refusal to permit defendants to offset payments received from settling non-party tort feasors, which included bankruptcy claim payments. The basis … Continued

April 14, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, State>Illinois

Southern District of Illinois Denies Motion to Remand Alleged Aircraft Engine Asbestos Exposure Based on Federal Contractor Defense

After the plaintiff commenced an action alleging asbestos exposure in connection with Air Force aircraft engines, the defendants removed the action to federal court under 28 U.S.C. 1442(a)(1), which permits removal “by federal officers or any persons acting under a federal officer for any act under color of such office where such person asserts a … Continued