Asbestos Case Tracker

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May 16, 2018 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Wisconsin

Wisconsin’s Uniform Fraudulent Transfer Act Found Not Applicable in Successor Liability Case Against Refractory Manufacturer

WISCONSIN — In a follow up to Asbestos Case Tracker’s previous post, the Supreme Court of Wisconsin reversed the Court of Appeals’ decision in a recent mesothelioma case involving allegations of fraudulent conveyance by a successor in interest entity. The plaintiff originally filed suit against several defendants including Fire Brick Engineering and Powers Holding claiming …

May 15, 2018 • Appeal, Asbestos Case Tracker, Case Decisions, Maryland

Baltimore $5 Million-plus Verdict Overturned for New Trial

MARYLAND — On May 11, 2018, defendants Mack Trucks, Inc. and Ford Motor Co. (collectively as defendants) won a new trial with a decision that overturned a $5 million-plus verdict issued by a Baltimore City jury. The Court of Special Appeals of Maryland found that the trial court provided improper instructions to the jury on …

May 15, 2018 • Asbestos Case Tracker, Bare Metal/Component Parts, Maritime/Admiralty Law, Other Asbestos News

Supreme Court Accepts Review of Bare-Metal Defense Under Maritime Law

On May 14, 2018, the U.S. Supreme Court accepted the petition of Air & Liquid Systems, CBS Corporation and Foster Wheeler to resolve a split among circuits regarding the viability of the bare metal defense under maritime law. Specifically, the parties appealed the Third Circuit’s ruling in October 2017 that the bare metal defense is inapplicable …

May 14, 2018 • Asbestos Case Tracker, Case Decisions, Choice of Law, Federal Officer Jurisdiction, Massachusetts

Turbine Manufacturer’s Choice of Law Motion Granted Based on Location of Asbestos Exposure and Diagnosis

MASSACHUSETTS — Plaintiff Ruth Burleigh, the widow of the plaintiff’s decedent Ernest Burleigh, filed suit in the U.S. District Court for the District of Massachusetts against numerous defendants alleging that decedent developed mesothelioma as a result of exposure to asbestos while working as a mechanic at the Portsmouth Naval Shipyard (the shipyard) from 1960-1981. The …

May 8, 2018 • Asbestos Case Tracker, Other Asbestos News

Summary Judgment Reversed on Application of “All Sums” Approach

MISSOURI—This suit involves multiple insurance policies covering the same dates of exposure. The spouse of an Anheuser-Busch (AB) employee developed mesothelioma from asbestos exposure acquired while laundering the clothes of her husband, who worked for AB from 1971-1996. Suit was filed in 2008, and AB tendered its defense to Zurich American Insurance Company (Zurich), which …

May 7, 2018 • Asbestos Case Tracker, Case Decisions, Federal Officer Removal, Louisiana, Remand/Removal

Lack of Causal Nexus Leads to Grant of Remand Against Shipyard Defendant

LOUISIANA — The plaintiff filed suit against several Defendants including Avondale Shipyards. James Latiolais allegedly developed mesothelioma from his work as a machinist onboard the USS Tappahannock. Avondale removed the case after the plaintiff’s deposition concluded. The removal was made pursuant to Federal Officer Removal Statute, 28 U.S.C. § 1442 (a)(1). The plaintiff moved to …

May 4, 2018 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

Failure to Adopt Safety Measures is Private Conduct That Implicates No Federal Interest

LOUISIANA — Several former employees of Huntington Ingalls, including Robert Templet, brought suit in Louisiana state court, alleging that the company failed to warn them of the risks of asbestos exposure and failed to implement proper safety procedures for handling asbestos. Templet worked for Huntington Ingalls from 1968 to 2002 and alleged his handling of …

May 4, 2018 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Motions in Limine, Wisconsin

Frustrated Court Denies Plaintiffs’ Motion to Reconsider Exclusion of Kenneth Garza Due to Lack of Authority

WISCONSIN — In this case set for trial on June 4, 2018, the plaintiffs filed eleven motions under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and various motions in limine. After hearing and argument, the court granted defendant Pabst Brewing Company’s motion to bar, under Daubert, Kenneth Garza’s reports, opinions, and testimony, and …

May 3, 2018 • Asbestos Case Tracker, Case Decisions, Louisiana, Summary Judgment

Employer and its Insurer Granted Summary Judgment Due to Longshore and Harbor Workers’ Compensation Act Exclusivity

LOUISIANA — The plaintiff sued his employer and its insurance company alleging that he developed lung cancer as a result of exposure to asbestos while working as a pipefitter for Huntington Ingalls at the Avondale Shipyard. Defendants moved for summary judgment arguing that plaintiff’s claims against them are subject to the exclusivity of the Longshore …

May 2, 2018 • Asbestos Case Tracker, Case Decisions, Damages, North Carolina

Expert and Fact Witness Evidence Establishes Last Day of Exposure for UPS Worker in Workers’ Compensation Commission Award

NORTH CAROLINA — The plaintiff filed an action under North Carolina Workers’ Compensation for alleged development of mesothelioma by her decedent. Mr. Penager worked as a driver for United Parcel Services (UPS) from approximately 1967-98. It was alleged by the plaintiff that Mr. Penegar drove tractor trailers each day and would walk through the mechanic …