Asbestos Case Tracker

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September 30, 2016 • Asbestos Case Tracker, Case Decisions, State>Indiana, Summary Judgment

Due Precaution Exception to General Rule of Non-Liability for Independent Contractors Applied to Potentially Establish Liability Against Premises Owners

The plaintiff was an industrial and commercial electrician diagnosed with malignant pleural mesothelioma. He and his wife filed a complaint alleging negligence against various defendants. The plaintiffs argued defendants were vicariously liable for the acts of their independent contractor employees (non-delegable duty doctrine), those of their own employees (respondeat superior), and as premises owners. Defendants …

September 29, 2016 • Asbestos Case Tracker, Bare Metal/Component Parts, Case Decisions, Pennsylvania

Federal Court Rejects Argument That Manufacturer Cannot Be Liable for Asbestos-Containing Component Parts

The plaintiffs filed suit in the Court of Common Pleas, First Judicial District, Philadelphia County, against various defendants claiming that the decedent, who had been employed since the 1950s as a millwright in multiple power plants and steel mill factories, developed work-related malignant mesothelioma from exposure to asbestos and to products containing asbestos. This state …

September 26, 2016 • Asbestos Case Tracker, Case Decisions, Mississippi

Trial Court’s Reaffirmation of Judgment Notwithstanding the Verdict in Favor of Defendants Reversed

Larry Smith worked on various drilling rigs from the mid-1960s until the early 1990s. He was also a heavy smoker. He was diagnosed with lung cancer and died shortly thereafter. His widow and other heirs filed a wrongful death action against several defendants in 2006. At trial, only Union Carbide Corporation, Montello, Inc., and Chevron …

September 23, 2016 • Asbestos Case Tracker, Take-Home Exposure

Foreseeability of Harm or Relationship Between The Parties: The Difference in Liability for Premise Owners in Take-Home Exposure Cases

Depending on the state, liability of a premise owner in a take-home toxic tort case will hinge either on foreseeability of harm or the relationship of the parties. This distinction is illustrated below in two recent take-home exposure cases, one from New Jersey and one from Arizona. In the New Jersey case, Schwartz v. Accuratus …

September 23, 2016 • Asbestos Case Tracker, Case Decisions, North Carolina, Summary Judgment

Supplier of Asbestos for Joint Compound Denied Summary Judgment

The U.S. District Court for the Eastern District of North Carolina denied the motion for summary judgment of defendant Union Carbide Corporation in a case involving alleged exposure to raw asbestos fiber allegedly in joint compound. James Lee was a painter in North Carolina from the late 1960s into the 2000s, and during that time …

September 22, 2016 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Take-Home Exposure

Employers Not Liable for Employee Take-Home Exposure

The plaintiffs allege Ernest V. Quiroz was exposed to asbestos from his father’s work clothes during the years he lived at his father’s home (1952 to 1966). Defendant Reynolds moved for summary judgment, arguing that it did not owe Dr. Quiroz a duty of care. The trial court granted the motion, finding Reynolds “had no …

September 19, 2016 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, State>Delaware, Summary Judgment

Court Grants Summary Judgment for Defendant Boiler Manufacturer Based on Lack of Causation Under Maritime Law

Plaintiffs Jimmy R. Mitchell and Connie Mitchell filed suit alleging that Mr. Mitchell developed lung cancer as a result of exposure to asbestos-containing products, in part during the course of his employment as a boiler fireman with the U.S. Navy from 1976-79. Defendant Foster Wheeler filed for summary judgment and argued, among other things, lack …

September 16, 2016 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

Case Remanded on Basis of Failure of Removing Party to Meet Burden of Proof on Improper Joinder

Plaintiff William Bozeman brought suit alleging exposure to asbestos and asbestos-containing products caused him to contract mesothelioma. Mr. Bozeman, a Louisiana resident, worked for Arizona Chemical Company, later known as International Paper Company, from 1975 to 1981 and 1981 to 1999 in Louisiana and claims he was exposed while on the job. He filed suit …

September 16, 2016 • Asbestos Case Tracker, Case Decisions, Damages, Significant Verdicts, State>Florida

Breakdown of $21 Million Verdict in Miami, Florida

On August 30, 2016, a Miami, Florida jury awarded nearly $21.4 million in damages to Richard Batchelor and his wife, Regina, in a case where the plaintiffs alleged that Bechtel Corporation caused his mesothelioma. The case proceeded only against the defendants Bechtel Corporation and Foster Wheeler Energy Corporation, as Foster Wheeler settled the day before …

September 16, 2016 • Asbestos Case Tracker, Other Asbestos News, Texas

Beware Drafters of Purchase Agreements — Unambiguous Terms in Stock Purchase Agreement Assigns Asbestos Liabilities to Purchasers

Plaintiff Cooper Industries brought a declaratory judgment against Precision Castparts Corp. and Wyman-Gordon Company, for defense and indemnification costs for personal injury asbestos lawsuits, pursuant to a stock purchase agreement between Cooper and Wyman. The plaintiff and defendants both filed summary judgments; the plaintiff’s summary judgment was granted in part, and the defendants’ summary judgment …