Asbestos Case Tracker - Page 115 of 200

LATEST INSIGHTS

September 12, 2018 • Asbestos Case Tracker, State>Kansas, Summary Judgment

Negligence Per Se Claims Against Defendant Passenger Railcar Manufacturer Denied; Strict Liability and Negligence Claims Can Proceed Under Federal Statutes

KANSAS — The plaintiff Nancy Little brought an action individually and as the personal representative of the estate of her father, Robert Rabe, against defendant The Budd Company (Budd). The plaintiff alleged that her father was exposed to asbestos-containing pipe insulation while working as a pipefitter for the Atchison Topeka & Santa Fe Railroad (ATSF) between …

September 11, 2018 • Asbestos Case Tracker, California, Choice of Law, State, State>California

Plaintiff Waived Choice of Law Causation Issue; Kansas Law Applied to California Case

CALIFORNIA — The plaintiff Gerald Hake was born in Kansas and allegedly exposed to asbestos from friction products from age 10 until age 19 while working at the family-owned Hake Standard Service Station. In 1962, he joined the Navy; he then moved to Washington state in 1966. He lived in that state until the present …

September 7, 2018 • Asbestos Case Tracker, Expert Challenges, Ohio

Weight-of-the-Evidence Standard Used by Plaintiff’s Experts Found to Satisfy Daubert Requirements

OHIO — Defendant Honeywell International filed Motions in limine to Preclude the plaintiff’s Experts Dr. Murray Finkelstein and Dr. Carlos Bedrossian and dismiss the plaintiff’s claims, or, in the alternative, its request for evidentiary hearing. The plaintiffs filed oppositions. The court determined that both doctors utilized the weight-of-the-evidence standard in formulating their opinions of the …

September 6, 2018 • Asbestos Case Tracker, Illinois, Other Asbestos News, State, State>Illinois

Denial of Judgment Notwithstanding The Verdict Reversed For Welding Rod Defendant

Illinois — Following a trial in which a jury found that Hobart Brothers Company (Hobart) had failed to warn the plaintiff, Charles McKinney of the dangers of asbestos from its welding rods, Hobart appealed the trial court’s denial of its motion for judgment notwithstanding the verdict. The appellate court reversed the trial court’s denial, finding no …

September 6, 2018 • Asbestos Case Tracker, New York, Other Asbestos News

Trial Subpoenas to Settling Parties Allowed to Issue For Liability Apportionment

NEW YORK — In a currently pending asbestos matter, defendant Jenkins Bros. issued trial subpoenas to three settling defendants – Crane Co., Flowserve, Inc., and Warren Pumps. These three defendants filed motions to quash the subpoenas, which the court denied. The court ruled that the trial subpoenas were served properly on counsel in a timely manner, as …

September 4, 2018 • Asbestos Case Tracker, Other Asbestos News

Defense Strategies For Alternative Causation

Goldberg Segalla asbestos team members, Tom Bernier, Oded Burger, Joseph Cagnoli Jr., and Susan Van Gelder have recently published a practical guide for defense attorneys raising alternative causation defenses in Mealey’s Asbestos Litigation Report. (See article link below.) In the paper, the authors reviewed recent scientific advances to provide the defense practitioner the tools to …

September 4, 2018 • Asbestos Case Tracker, Statute of Limitations, Texas

Notice of Claim Provisions Bar Jurist’s Asbestos Claims Against Municipality

TEXAS — Judge James Farris spent almost his entire legal career, until retiring in December of 1996, in the Jefferson County courthouse, which included a period of asbestos remediation at the courthouse, during which he was allegedly exposed to asbestos. Judge Farris developed mesothelioma in October of 2004 and tragically passed away just nine days …

August 30, 2018 • Asbestos Case Tracker, Louisiana, Remand/Removal

Proper Removal Based Upon Diversity Jurisdiction When Clearly No Case Against Non-Diverse Defendant

LOUISIANA — The plaintiff Victor Michel filed a personal injury suit in Louisiana state court alleging that his mesothelioma was caused by exposure to asbestos during his work as a parts delivery driver, truck mechanic, and generator service technician. The defendant Cummins, Inc. removed the matter to federal court after receiving a deposition transcript of plaintiff …

August 29, 2018 • Asbestos Case Tracker, Maritime/Admiralty Law, Motions in Limine, Virginia

Superseding Cause/State of Art as to Navy’s Negligence and Knowledge of Asbestos Barred Against Sealing Technology Defendant

VIRGINIA –The plaintiff brought this suit against John Crane Inc. (JCI) alleging Mr. Goodrich developed an asbestos related disease for which Defendant was liable. The plaintiff moved in limine to preclude JCI from presenting evidence of the alleged “knowledge or negligence of the Navy.” JCI argued that any failure to warn was not a substantial …

August 28, 2018 • Asbestos Case Tracker, California, Remand/Removal, State, State>California

Novel Motion to Remand Denied in California Talc Case

CALIFORNIA — A group of women filed suit against Johnson & Johnson in the Superior Court for the County of Los Angeles raising claims that the company violated various California codes by failing to warn consumers of exposure to asbestos and talc containing asbestiform fibers in Johnson and Johnson’s Baby Powder and Shower to Shower …