Asbestos Case Tracker

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November 28, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Granting of Summary Judgment to Asbestos Insulation Supplier Based on Government Contractor Defense Upheld on Appeal

In this case, the plaintiff, Gary Kase, claimed exposure to asbestos insulation used in Navy nuclear submarines during the 1970s. Defendant Metalclad Insulation Corp. provided the asbestos-containing insulation, Unibestos, to the U.S. Navy. Metaclad moved for and was granted summary judgment based on the government contractor defense. The plaintiff appealed. On appeal, the court thoroughly …

November 23, 2016 • Asbestos Case Tracker, Case Decisions, Pennsylvania

Ford’s Denial of Nonsuit Affirmed; Improper Consolidation of Meso Cases Did Not Warrant New Trial

Richard and Joyce Rost filed this action against multiple defendants, including Ford Motor Company, alleging that Mr. Rost developed mesothelioma as a result of his work around asbestos products. The plaintiff worked at Smith Motors as “gofer” assisting mechanics with the removal of brake shoe linings 3-5 times per week after graduating from high school. …

November 23, 2016 • Asbestos Case Tracker, California, Case Decisions, State, State>California

Court Affirms Defense Verdict Finding Defendant Contractor Was Not Negligent

Plaintiff Kenneth Evans was diagnosed with asbestosis after a decades-long career working for the Southern California Gas Company (SoCalGas). For about 35 percent of his employment, Evans worked alongside contractors who helped build and replace gas pipelines; some of those pipelines were covered in a coating that contained asbestos. Evans testified that he worked for …

November 23, 2016 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Remand/Removal

Broad Interpretation of the Federal Officer Removal Statute Keeps Case Against Boeing in Federal Court

The plaintiff filed a failure-to-warn product liability suit against, among others, The Boeing Company, after his wife Mary became ill from alleged secondary asbestos exposure. Boeing removed to federal court based upon the federal officer removal statute. The district court remanded, and the appellate court reversed. The plaintiff alleged Mary suffered take home asbestos exposure …

November 22, 2016 • Asbestos Case Tracker, Case Decisions, New York, Other Asbestos News

New York Police Officer Diagnosed with Mesothelioma Allowed to File for Both Line-of-Duty Benefits and Salary/Medical Expense Benefits

The plaintiff was a police officer for the City of Buffalo from 1968-1995. In 2012, he was diagnosed with mesothelioma and filed this proceeding asking permission to serve a late notice of claim against the city. The plaintiff alleged asbestos exposure during his work at properties owned by the city and by the Board of …

November 22, 2016 • Asbestos Case Tracker, General

Asbestos Case Tracker Named Best Litigation Blog for 2016!

We are pleased to announce that the Asbestos Case Tracker blog has been named the best litigation blog in the country in The Expert Institute’s Best Legal Blog Contest for 2016! The Expert Institute’s annual contest considered thousands of legal blogs online today. After an extended public voting process that attracted thirty thousand votes, Asbestos …

November 18, 2016 • Asbestos Case Tracker, Case Decisions, Remand/Removal

Take Home Mesothelioma Case Remanded After Defendant Files Untimely Removal; Costs Denied

The plaintiffs brought claims sounded in negligence, intentional tort, fraud and strict liability for their decedent’s mesothelioma which was alleged to have developed after coming into contact with her husband’s asbestos laden clothes. Mr. Tregre was alleged to have worked for Avondale Industries, a predecessor to Huntington Ingalls, Inc. while onboard ship construction. Avondale removed …

November 18, 2016 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Louisiana, Remand/Removal

Federal Court Denies Remand on Outer Continental Shelf Lands Act Jurisdiction and Dismisses Fraud Counts of Complaint

The U.S. District Court for the Eastern District of Louisiana issued two opinions in the matter of Sheppard v. Liberty Mut. Ins. Co., et al. which denied the plaintiffs’ motion to remand and dismissed the plaintiffs’ fraud cause of action against the defendants. Plaintiff Jesse Frank Sheppard originally filed in the Civil District Court for …

November 18, 2016 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Ohio, Pleadings Challenge

Denial of Administrative Dismissal Turns on Definition of a “Smoker” Under Ohio State Code

Plaintiff Bobby Turner and his wife commenced an action in April 2013 alleging asbestos exposure caused his lung cancer. The plaintiff was a drywall finisher from 1962 to 1978. Defendant Union Carbide moved to administratively dismiss the claim in February 2014, claiming that the plaintiffs failed to submit prima facie evidence pursuant to R.C. 2307.92. …

November 10, 2016 • Asbestos Case Tracker, Bankruptcy Trusts, State>Delaware

Bankruptcy Court Grants Asbestos Defendants Limited Access to Bankrupt Trust Exhibits

Honeywell International, Inc. who was joined by Ford Motor Company moved for an order authorizing “any entity . . . to access, inspect, copy and receive copies of … any and all of the 2019 Exhibits filed with the Court in compliance with the 2019 Order or Bankruptcy Rule 2019.” In other words, Honeywell and …