Maritime/Admiralty Law Archives

Category: Maritime/Admiralty Law

April 5, 2018 • Case Decisions, Maritime/Admiralty Law, Massachusetts, Statute of Repose, Summary Judgment

Federal Court Denies Summary Judgment Under Massachusetts Statute of Repose, But Grants Defendants’ Motions on Other Grounds

MASSACHUSETTS — The plaintiffs allege that the decedent, Wayne Oliver, developed mesothelioma from bystander exposure to asbestos during his work as a pipe inspector on the construction of two power plants in the 1970s. Defendant General Electric Company (GE) specified and produced steam turbine-generators for the power plants, and supervised their installation. Defendant NSTAR, formerly … Continued

April 4, 2018 • Bare Metal/Component Parts, California, Case Decisions, Maritime/Admiralty Law, Summary Judgment

Boiler Manufacturer’s Summary Judgment Reversed; Question of Fact on Product ID and Denial of Bare Metal Defense

CALIFORNIA — In this federal court case, the plaintiffs commenced an action in the Eastern District of Pennsylvania alleging the plaintiff’s decedent, Robert Hilt, was exposed to asbestos from numerous products, including Foster Wheeler boilers, on Navy ships . Foster Wheeler moved for and was granted summary judgment based on the finding that the plaintiff’s … Continued

April 2, 2018 • Case Decisions, Expert Challenges, Maritime/Admiralty Law, Single Fiber, Cumulative Exposure, South Carolina

Valve Manufacturer’s Renewed Motion for Summary Judgment Granted Based on Preclusion of Plaintiff’s Expert Witness

SOUTH CAROLINA — In this mesothelioma case, the plaintiff, James Chesher, sued alleging asbestos exposure while serving as a machinist mate and commissioned officer in the Navy from 1965 to 1989. Defendant Crane had moved for and was denied summary judgment. However, Crane’s motion to preclude the plaintiff’s causation expert, Dr. Carlos Bedrossian, was granted. … Continued

October 4, 2017 • Bare Metal/Component Parts, Case Decisions, Maritime/Admiralty Law

Standard Based Approach in Bare Metal Defense Permits Sailors to Recover in Negligence

The plaintiffs filed suit in negligence and strict liability against several defendants arguing their decedents died from mesotheliomas as a result of their exposure to asbestos containing products for which defendants were responsible. Both plaintiffs alleged exposure while working on-board naval vessels. The defendants removed the case to federal court and summary judgment was granted … Continued

September 5, 2017 • Bare Metal/Component Parts, Case Decisions, Delaware, Maritime/Admiralty Law

Various Defendants Granted Summary Judgment Under Maritime Law Bare Metal Defense

Plaintiffs Stephen and Marilyn Charlevoix filed this asbestos related personal injury action in Delaware Superior Court against multiple defendants on July 10, 2015. Crane removed the action to this court on August 21, 2015. The plaintiff stated that Mr. Charlevoix was first exposed to asbestos-containing products during his service as a boiler tender with the … Continued

August 30, 2017 • Case Decisions, FELA, Maritime/Admiralty Law, New York

Prior Settlement that Included Future Claims Not Enough to Grant Motion for Summary Judgment

Plaintiffs Mason South and his wife filed suit under the Jones Act against several defendants, including Texaco, alleging his mesothelioma developed as a result of exposure to asbestos containing products for which defendants were responsible. Mr. South served as a merchant marine for 37 years. Texaco moved for summary judgment arguing that suit was precluded … Continued

August 23, 2017 • Bare Metal/Component Parts, Case Decisions, Maritime/Admiralty Law, Remand/Removal

Summary Judgment Recommended for Naval Boiler Manufacturer on Issues of Product Identification and Bare Metal Defense

The plaintiff filed suit alleging Mr. Tallman developed mesothelioma while serving in the U.S. Navy from 1947-67. Foster Wheeler removed the case to the United States District Court. Mr. Tallman served on board the USS Caloosahatchee as a boiler tender from 1948-56. Specifically, the plaintiff contended that Mr. Tallman’s mesothelioma developed as a result of … Continued

March 8, 2017 • Case Decisions, Louisiana, Maritime/Admiralty Law, Summary Judgment

Pain and Suffering Damages Found as Pecuniary Under Maritime Law; Summary Judgment Granted in Part and Denied in Part

The defendants moved for summary judgment arguing that the plaintiff, John Bell, lacked standing to pursue a wrongful death or survival action under the Death on the High Seas Act (DOHSA). Specifically, the defendants relied on the language in DOHSA, which stated that “when death of an individual is caused by wrongful act, neglect, or … Continued

March 3, 2017 • Case Decisions, Maritime/Admiralty Law, Pennsylvania, Statute of Limitations

“Discovery Rule” Applied for Plaintiffs’ Claim to Survive Two-Year Statue of Limitations

The plaintiffs asserted that the decedent, Joseph Conneen, was exposed to asbestos while working as a pipefitter and plumber from 1962-80 at the Philadelphia Naval Shipyard and Rohm and Haas. The decedent died of lung cancer. The complaint was filed on January 20, 2015. In March 2015, the case was removed to the U.S. District … Continued

February 17, 2017 • Case Decisions, Delaware, Maritime/Admiralty Law, Summary Judgment

Magistrate Judge Recommends Granting Summary Judgment to Four Defendants Due to Lack of Evidence

A report and recommendation was made regarding four summary judgment motions filed by defendants Gardner Denver, Flowserve, Atwood & Morrill Company, and Nash Engineering. The plaintiffs did not respond to any of the motions for summary judgment. The magistrate judge recommended granting all four motions. The plaintiffs originally filed in Delaware state court, alleging that … Continued