Asbestos Case Tracker

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February 26, 2018 • Asbestos Case Tracker, Case Decisions, Ohio, Single Fiber, Cumulative Exposure

Cumulative-Exposure Theory Inconsistent with Test for Causation; Not a Sufficient Basis for Finding Substantial Factor

OHIO — The decedent Kathleen Schwartz’s husband, Mark Schwartz, filed suit against numerous manufacturers of asbestos-containing products, alleging that asbestos exposure caused her to develop mesothelioma, leading to her death. By the time of trial, Honeywell International, Inc., the successor-in-interest to Bendix Corporation, was the only defendant who remained. The issue at trial — and …

February 16, 2018 • Asbestos Case Tracker, Case Decisions, Damages, Mississippi, Verdict Reduction

Case Remanded to Determine Setoff Amounts from Settlements with Asbestos Trusts

MISSISSIPPI — On February 13, 2009, Clara Hagan filed a complaint, as the representative of Bennie Oakes, against Illinois Central Railroad in the Warren County Circuit Court. The complaint, brought under the provisions of the Federal Employers Liability Act, sought to recover damages for personal injuries and/or death sustained by decedent Bennie Oakes while decedent …

February 15, 2018 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Washington

Plaintiff’s “Every Exposure” and “Cumulative Exposure” Theories Unreliable; Various Plaintiff’s Experts Excluded

WASHINGTON — Defendant Scapa Dryer Fabrics, Inc. filed motions to exclude the plaintiff’s exposure and causation experts in this mesothelioma death matter. The Ninth Circuit remanded this matter for a new trial after finding that the District Court failed to make appropriate determinations under Daubert and Federal Rule of Evidence 702 in allowing expert testimony. The …

February 14, 2018 • Asbestos Case Tracker, Case Decisions, Expert Challenges, State>Kansas

Failure to Establish Good Cause Leads to Affirmation of Denial of Additional Expert Disclosure

KANSAS — The plaintiff sued the Budd Company alleging her father, Robert Rabe, developed mesothelioma as a result of occupational exposure to asbestos for which the defendant was allegedly liable. Specifically, Rabe claimed exposure to pipe insulation used on railcars built by the defendant. A scheduling order was entered by the magistrate, which called for …

February 14, 2018 • Asbestos Case Tracker, Case Decisions, Delaware, Other Asbestos News, State, State>Delaware

Exclusion of Decedent’s Deposition Testimony Upheld due to Lack of Meaningful Opportunity for Cross Examination

DELAWARE — Plaintiff William Sykes filed suit in March of 2014 against numerous defendants after being diagnosed with mesothelioma in October, 2013. The plaintiff’s counsel requested expedited trial and discovery depositions due to Plaintiff’s rapidly deteriorating health; a video trial deposition was taken on April 16, 2014. During a break in the trial deposition, the …

February 6, 2018 • Asbestos Case Tracker, Asbestos Litigation Analysis

Pennsylvania’s Long Arm Statute and its Effect on Personal Jurisdiction

In the wake of the Daimler, BNSF, and Bristol-Myers Squibb opinions recently issued by the U.S. Supreme Court, defendants in asbestos cases throughout the country have been challenging personal jurisdiction with greater success. Yet, Pennsylvania remains a difficult jurisdiction for defendants to assert the defense, due to Pennsylvania’s long arm statute. No Pennsylvania state appellate …

February 6, 2018 • Asbestos Case Tracker, Case Decisions, Federal Officer Removal, Oregon, Remand/Removal

Second Motion to Remand Denied When Plaintiff Asserted Claims She Previously Waived

OREGON — The plaintiff initially filed her lawsuit on behalf of her father’s estate, in Oregon state court, alleging he was exposed to asbestos while working at Norwest Marine & Iron Works Shipyard and Albina Engine & Machine Works Shipyard. Both shipyards serviced military and civilian vessels. Neither the original nor amended complaints contained specific …

February 5, 2018 • Asbestos Case Tracker, Case Decisions, Montana, Remand/Removal

Four Cases Improperly Removed Due to Citizenship of Managing Agent of Defendant

MONTANA — Four plaintiffs originally filed suit in the Eighth Judicial District of Cascade County Montana alleging exposure to asbestos in Libby, Montana. Defendant BNSF removed the case to federal court on diversity of citizenship grounds, and alleged that BNSF’s managing agent John Swing was fraudulently joined. The court reviewed the Magistrate Judge’s Findings and …

February 1, 2018 • Asbestos Case Tracker, Case Decisions, Missouri, Summary Judgment

Federal Court Collaterally Estops Claims in Separate Disease Case

MISSOURI — Over a period of six years, plaintiff Berj Hovsepian filed two separate actions for two separate diseases, asbestosis and mesothelioma, arising out of his work with various products as a civilian employee of the United States Navy in Boston from 1958-1964. The current action sits in federal court, having been removed from a …

January 25, 2018 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

Plaintiff’s Motion to Remand to State Court Denied After Court Finds Federal Jurisdiction under the Outer Continental Shelf Lands Act

LOUISIANA — On June 16, 2017, plaintiff Federico Lopez filed suit against 15 defendants, claiming that his exposure to asbestos as a welder and pipefitter at numerous locations caused his mesothelioma. Defendants Shell Oil Company and Tennessee Gas Pipeline, LLC, removed the action, invoking federal subject matter jurisdiction pursuant to the Outer Continental Shelf Lands …