Asbestos Case Tracker

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March 27, 2017 • Asbestos Case Tracker, Other Asbestos News

John Crane Fails to Establish Personal Jurisdiction against Plaintiff’s Firm in Fraud Complaint Filed in Federal Court

John Crane, Inc. (JCI) filed suit against Benjamin Shein and the Shein Law Center (the defendant) for fraud, alleging that the defendant fraudulently obtained settlements with and verdicts against JCI by misrepresenting the exposure of asbestos plaintiffs to JCI’s products and concealing the plaintiffs’ exposure to products of other manufacturers. The complaint focused on four …

March 24, 2017 • Asbestos Case Tracker, Other Asbestos News

John Crane Fails to Establish Personal Jurisdiction in RICO Claim Against Plaintiff Law Firm

Plaintiff John Crane Inc. brought a six-count complaint against defendants Simon Greenstone Panatier Bartlett, P.C., Jeffrey B. Simon, and David C. Greenstone, alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961, et seq., and common law claims for conspiracy and fraud in the U.S. District Court for the Northern …

March 20, 2017 • Asbestos Case Tracker, Case Decisions, Rhode Island, Statute of Repose, Summary Judgment

Dissolved Company Failed to Meet Notice Requirements of Statute of Repose

Defendant Grover S. Wormer Company, individually and as successor-in-interest to Wright-Austin Company, brought a motion to dismiss the asbestos litigation filed on behalf of Frank D’Amico in the Superior Court of Rhode Island, Providence. Wormer originally brought its motion under Super. R. Civ. P 12(b)(6) and contended that the plaintiff’s claims for liability are barred …

March 20, 2017 • Asbestos Case Tracker, Case Decisions, Federal Officer Removal, Ohio, Remand/Removal

Case Remanded to State Court Following Resolution of Claims that Invoked Federal Officer Statute

The plaintiffs commenced this action in state court alleging that various products caused plaintiff Ralph Shonkwiler to develop mesothelioma. Defendant CBS Corporation (Westinghouse) removed the matter to federal court based on the federal officer statute since the plaintiffs claimed exposure to their product was a Navy turbine and the claimed exposure took place while plaintiff …

March 20, 2017 • Asbestos Case Tracker, Case Decisions, Choice of Law, Rhode Island, Statute of Repose, Summary Judgment

Rhode Island Court Applies Maine Law to Deny Summary Judgment to Insulation Contractor

The plaintiffs alleged negligence and breach of warranty based upon asbestos exposure sustained by decedent during his work at various job sites through the Laborer’s Union from 1969-1990. Defendant New England Insulation Company (NEI) filed a motion for summary judgment based upon various theories, which the court denied. During his deposition, the decedent testified that …

March 20, 2017 • Asbestos Case Tracker, Case Decisions, Rhode Island, Summary Judgment

Summary Judgment Granted to Valve Manufacturer Based on Insufficient Evidence of Exposure

The plaintiff filed suit in the Superior Court of Rhode Island, Providence for personal injuries and wrongful death alleging plaintiff’s decedent use of asbestos products with defendant’s valves were foreseeable to the defendant and, under a negligence theory, the defendant failed to warn of the associated hazards. The defendant moved for summary judgment under Maine …

March 20, 2017 • Asbestos Case Tracker, Bare Metal/Component Parts, Case Decisions, Rhode Island

Exception to Boiler Manufacturer’s Bare Metal Defense Found in Denial of Summary Judgment

James Stevens served as a boiler technician aboard the USS Allagash from July 7, 1951 until October 11, 1952. The boilers on the Allagash were manufactured by Foster Wheeler and included asbestos containing materials in their construction. Foster Wheeler additionally provided additional asbestos containing materials to be used in the boilers. Mr. Stevens was diagnosed …

March 20, 2017 • Asbestos Case Tracker, California, Case Decisions

$3.5 Million Punitive Damages Upheld Against Brake Manufacturer on Appeal

James Phillips was diagnosed with mesothelioma in March of 2012 and died in February of 2013. In May of 2012, Phillips and his wife, Charity Phillips, filed a complaint seeking damages for personal injuries caused by asbestos in the Superior Court of Fresno County, California. In May 2013, after Phillips’s death, Charity, individually and as …

March 17, 2017 • Asbestos Case Tracker, Case Decisions, Illinois

Plaintiffs Presented Sufficient Evidence to Withstand Motion for Directed Verdict

The decedent’s estate filed a claim alleging asbestos exposure caused decedent to develop mesothelioma. The trial court directed a verdict in favor of Welco Manufacturing Company because no witnesses could specify how often the decedent used Welco’s products. The plaintiffs appealed, and the appellate court reversed and remanded for a new trial. The decedent’s cousin, …

March 15, 2017 • Asbestos Case Tracker, Case Decisions, Louisiana, Motion to Dismiss

Port Commission’s Motion to Dismiss for Lack of Subject Matter Jurisdiction Granted Where Plaintiff’s Work was Predominantly Land Based

Mr. Genusa developed mesothelioma as a result of his work as a longshoreman, truck loader, and warehouse worker from 1963-1999. Mr. Genusa passed away and a claim was paid by Baton Rouge Marine Contractors (BRMC) and Signal Mutual Indemnity under the Longshore and Harbor Worker’s Compensation Act. The plaintiffs instituted this action against 13 defendants …