Asbestos Case Tracker

LATEST INSIGHTS

May 3, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Highest New York Court Refuses to Pierce Corporate Veil, Citing Lack of Evidence Establishing Ford USA’s Part in the Chain of Distribution of Ford UK Products

The plaintiff alleged exposure to asbestos-containing brakes, clutches and engine parts while working on Ford tractors and passenger cars in Ireland. The plaintiff and his wife brought suit after he developed peritoneal mesothelioma. Ford USA moved for summary judgment, arguing the parts to which the plaintiff alleged exposure were manufactured, distributed and sold by its …

May 2, 2016 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Remand/Removal, West Virginia

Case Remanded Where GE Failed to Satisfy Requirements of Federal Officer Removal Due to Plaintiff’s Specific Disclaimer of No Naval Asbestos Exposure

In this case, the plaintiff claimed that he was exposed to asbestos and contracted mesothelioma from products allegedly manufactured, supplied, installed, and/or distributed by numerous defendants. The plaintiff asserted in the complaint that he served in the U.S. Navy from 1962–66 but provided the disclaimer that the “[p]laintiff was not exposed to asbestos and is …

May 2, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Summary Judgment Reversed on Appeal for Brake Shoe Grinder Manufacturer on the Basis of Foreseeable Hazard With Inevitable Use and Normal Operation of its Non-asbestos Containing Product

The plaintiff’s decedent, who developed breathing difficulties and lung damage as a result of asbestos exposure, filed a lawsuit in state court alleging that from approximately 1958-62, he was a mechanic who utilized brake shoe arcing machines (known as “grinders”) manufactured by the defendant for the purpose of grinding down/reshaping the friction material of brake …

April 29, 2016 • Asbestos Case Tracker, Case Decisions, New York, Significant Verdicts, Verdict Reduction

New York Judge Vacates Award of Past and Future Pain and Suffering to Plaintiff Against Brake Grinder Manufacturer and Orders New Trial on Damages Unless Plaintiff Stipulates to Reduced Awards

The plaintiff, Walter Miller, filed suit against a number of defendants alleging that his mesothelioma was caused by exposure to asbestos through his use of a brake grinding machine manufactured by Ammco. At trial, the jury rendered a verdict in favor of the plaintiff and against the sole defendant remaining at trial, Hennessy Industries, Inc. …

April 28, 2016 • Asbestos Case Tracker, Significant Verdicts

American Optical Corporation Hit With $22M Verdict, $10M Punitive Damages in Asbestos Exposure Lawsuit

On April 26, 2016, a California jury decided to punish American Optical Corporation (AOC) with $10 million in punitive damages, tacking on to the $22 million verdict awarded to the plaintiffs on April 22. After a month-long trial that included the suit being removed to a California district court and remanded back down to the …

April 27, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Boilermaker Contractor Granted Summary Judgment Over Past Employee as No Proof Existed of Exposure Outside of His Work Directly for Contractor

The plaintiffs filed a wrongful death and survival action claiming their decedent, Michael Walashek, developed mesothelioma from his work as a career boiler maker from 1967-86. The plaintiff’s social security records listed his employers FBS, Inc. and Camass Company, along with others. The case was removed to federal court and FBS, Inc. moved for summary …

April 27, 2016 • Asbestos Case Tracker, Other Asbestos News

World Health Organization Calls for Global Ban on the Production of Asbestos and its Use Due to Exorbitant Cost of Treatment

The World Health Organization (WHO) recently finalized a study that concluded that the costs of treating asbestos-related diseases are four times higher than the cost of producing asbestos materials. As a result, WHO has called for a global ban on the production of asbestos and its use. This research was announced at a recent meeting …

April 27, 2016 • Asbestos Case Tracker, Significant Verdicts

Federal Arizona Jury Awards $17 Million in Damages from Asbestos Death of a Navy Civilian Employee

On April 22, 2016, a district court jury in Arizona found full damages for the wrongful death of George Coulbourn. Mr. Coulbourn was a retired civilian employee of the U.S. Navy who was allegedly exposed to asbestos, developing mesothelioma, while working as a shipyard machinist in the Norfolk Naval Shipyard in Virginia from 1959–66. His …

April 22, 2016 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Maryland, Remand/Removal

Defendant’s Failure to Warn Boilermaker Employees in the Shipyard Itself Prohibited Federal Contractor Defense

The decedent in this case died of mesothelioma and his representatives filed an action in state court. Defendant Foster Wheeler removed this case to federal court under the officer removal statute. The plaintiff moved to remand, which the court granted. The plaintiffs alleged exposure during the decedent’s work at Bethlehem Steel Sparrows Point Shipyard, while …

April 22, 2016 • Asbestos Case Tracker, Case Decisions, Oregon

Product Identification of Pump or Internal Components Key to Inquiry Regarding Which Product Applied to Strict Product Liability Claims Under Oregon Law

The plaintiff alleged strict product liability, negligence, and loss of consortium against various defendants after her husband developed and died from mesothelioma. Defendant Warren Pumps was granted summary judgment, and plaintiff appealed. The court reversed and remanded. During his 20-year naval career, the decedent served on two aircraft carriers — the USS Boxer and the …