Asbestos Case Tracker

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July 27, 2017 • Asbestos Case Tracker, Bankruptcy, Bankruptcy Trusts, Case Decisions, New York

Channeling Injunction Prohibits General Motor’s Wrongful Death Suit for Contribution against the Manville Trust

General Motors (GM) filed suit against the Manville Personal Injury Settlement Trust (Manville) seeking a declaratory order that its state suit against Manville was not barred by the longstanding “Channeling Injunction” of the Manville Corporation’s chapter 11 reorganization (the Plan) and subsequent order confirming the same. Separate from the declaratory complaint, GM filed suit in …

July 26, 2017 • Asbestos Case Tracker, Case Decisions, Expert Challenges, South Carolina

Each and Every Exposure Theory Insufficient to Prove Specific Causation in South Carolina Federal Court

This decision addresses a similar issue from two different cases and therefore was decided within the same order. Both sets of plaintiffs offered the opinions of Carlos Bedrossian, MD to provide evidence of specific causation. For a brief factual background, plaintiff John E. Haskins served in the U.S. Navy as a fireman aboard the USS …

July 25, 2017 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Generic Expert Report Insufficient to Satisfy Summary Judgment Causation Standard

Plaintiff James Blair as the administer of the estate of Walter Godfrey, Jr. filed suit against defendant Cleaver-Brooks in the Superior Court of Delaware claiming that the decedent was exposed to asbestos from the defendant’s boilers and a result, was diagnosed and ultimately passed away from lung cancer. As the sole product identification witness, Walter …

July 25, 2017 • Asbestos Case Tracker, Other Asbestos News

Appellate Division Grants Temporary Stay on NYCAL CMO

On July 19, 2017, Justice Ellen Gesmer of the Appellate Division, First Department generally granted various NYCAL defendants’ order to show cause seeking a temporary stay of the implementation of a new NYCAL Case Management Order (CMO), which was issued by prior NYCAL Justice Peter Moulton. The order provides for a minor exception to the …

July 19, 2017 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Maryland

Plaintiffs’ Daubert Challenge Denied as Expert Disclaims Causation Expertise

Plaintiffs filed their Daubert challenge seeking exclusion of Georgia Pacific’s Certified Industrial Hygienist, Donald Marano. Plaintiff argued that Mr. Marano would offer qualitative and quantitative exposures of Plaintiff along with the risk and causation of Mr. Arbogast’s mesothelioma. Georgia Pacific countered with the position that Mr. Marano has “repeatedly disclaimed any expertise on causation and …

July 19, 2017 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Maryland, Summary Judgment

Exclusion of Plaintiffs’ Causation Experts Leads to Granting of Summary Judgment

Plaintiffs filed suit against Georgia Pacific (“GP”) and Union Carbide Corporation (“UCC”) alleging Mr. Rockman’s peritoneal mesothelioma was caused by exposure to asbestos for which both Defendants were responsible. Specifically, Mr. Rockman claimed “bystander” exposure to GP’s Ready Mix joint compound that contained UCC’s Calidria chrysotile asbestos during residential renovations in 1965, 1973 and 1976. …

July 17, 2017 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Plaintiff Failure to Establish Retailer’s Knowledge of Danger of Asbestos Leads to Summary Judgment

Plaintiffs brought this suit against multiple defendants for Mr. Glaser’s alleged asbestos related injuries. Scott Glaser alleged that he was exposed to asbestos floor tile sold by Sears and Roebuck (“Sears”) while working for various employers. His work required him to clean up “scraps or pieces of floor tile off the floor.” Defendant took the …

July 17, 2017 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Summary Judgment Denied Upon Showing that Defendant’s Boilers Contained Asbestos Gaskets and Rope

Plaintiff Clarence Dionne filed suit against several defendants including Cleaver Brooks alleging that he was exposed to asbestos while working at the Bay Area Medical Facility. Plaintiff alleged that he “scraped off the rope gaskets and supervised this task” on the doors of Defendant’s boilers. Not only did he personally perform this work but he …

July 17, 2017 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Summary Judgment Granted upon Plaintiff’s Failure to Establish Replacement Parts Supplied by Valve Defendant

Plaintiff brought this action against several defendants including Fairbanks Company alleging exposure to asbestos while working with Defendant’s valves. Specifically, Plaintiff recalled working with globe, gate and ball valves for various employers and locations. Plaintiff also testified that he replaced packing in the valves and personally removed external insulation to repair the valves. Plaintiff assumed …

July 14, 2017 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Plaintiff Fails to Demonstrate Decedent Worked with Boiler Manufacture’s Product; Summary Judgment Granted

Dorothy Charbonneau filed suit in the Superior Court of Delaware against multiple defendants alleging the defendants’ use of asbestos caused her husband, Robert Charbonneau, to contract an asbestos related disease. Mr. Charbonneau testified that he believed he was exposed to asbestos while maintaining and cleaning multiple boilers manufactured by Cleaver-Brooks throughout his employment career. Mr. …