Asbestos Case Tracker

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April 1, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Summary Judgment Overturned on Statute of Limitation Argument as No Proof Offered Linking Past Disease With Mesothelioma Diagnosis

In this take-home exposure case, the plaintiff was diagnosed with malignant epithelial mesothelioma (MEM) on or about August 5, 2010 and commenced her case against various defendants on November 5, 2012. After joinder of issue and discovery, several defendants moved for, and were granted, summary judgment, arguing that the plaintiff’s action was time-barred pursuant to …

April 1, 2016 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, Summary Judgment

Summary Judgment to Shipbuilders Upheld on Appeal Since Ships Are Not Products and Rejection of Plaintiffs’ Every Exposure Claim

In this case, the decedent, James McIndoe, was alleged to have been exposed to asbestos pipe insulation while serving aboard the USS Coral Sea, built by Huntington Ingalls Inc., from 1961–63 and the USS Wordern, built by Bath Iron Works Corporation from 1966-67. The case was removed to federal court under the federal officer removal …

March 30, 2016 • Asbestos Case Tracker, Other Asbestos News

North Carolina Federal Judge Stays RICO Cases Against Asbestos Plaintiffs Firms

On Monday, March 28, 2016, Judge Graham Mullen of the Western District of North Carolina granted Garlock Sealing Technologies’ motion to stay the four racketeering lawsuits fired against it. Judge Mullen granted Garlock’s motion based on the parties’ “consent and for good cause shown.” In its motion, Garlock explained that it reached an agreement on …

March 30, 2016 • Asbestos Case Tracker, California, Case Decisions, Remand/Removal, State, State>California

U.S. District Court for Northern California Grants Plaintiff’s Motion to Remand Case Based on Untimely Diversity Jurisdiction Removal

The plaintiff brought an action for alleged development of mesothelioma as a result of asbestos exposure on April 15, 2014. After the plaintiff passed on July 7, 2015, his wife filed a second amended complaint, adding a wrongful death and survival claim on October 28, 2015. The defendant removed the case based on diversity jurisdiction …

March 29, 2016 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Maritime/Admiralty Law, Motions in Limine, New York, Summary Judgment

Regardless of Whether New York or Maritime Law Applied, Government Contractor and Bare Metal Defenses Insufficient to Grant Summary Judgment to Foster Wheeler

The plaintiff alleged the decedent was exposed to asbestos while serving in the Navy from 1947-52, and while on board the USS Charles H. Roan. Defendants Foster Wheeler and General Electric removed to federal court pursuant to the federal officer statute. Foster Wheeler moved for summary judgment based on: (1) the government contractor defense; (2) …

March 29, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Plaintiffs’ Evidence in Response to Two Defendants’ Summary Judgment Motions Insufficient to Infer Exposure to Lifetime Boilermaker

The plaintiffs filed a wrongful death and survival action in state court; shortly thereafter defendants removed to federal court. The plaintiffs asserted negligence and strict liability claims from the death of their father/husband from malignant mesothelioma; the decedent was a career boilermaker. Defendants Lamons Gasket Company and Parker-Hannifin Corporation moved for summary judgment; both were …

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

Summary Judgment Granted in Favor of Defendant Company Pursuant to California’s Workers’ Compensation Act in Matter Involving 44 Years of Alleged On-The-Job Asbestos Exposure

The plaintiff filed a lawsuit in state court alleging that from 1956 to 1990, he was employed by the defendant and “spent a significant portion of that time ‘dealing with asbestos, fiber glass products and other hazardous products.’” The three causes of action were for: (1) premises liability; (2) negligence; and (3) negligent infliction of …

March 25, 2016 • Asbestos Case Tracker, Case Decisions, Consolidation, New York

Plaintiff’s Motion to Consolidate Numerous NYCAL Cases into Six Trial Groups Granted

The plaintiff moved to consolidate numerous cases into six trial groups pursuant to CPLR 602(a) on the grounds that there are common issues of law and fact. Several defendants opposed the consolidation, arguing, among other things, that they are prejudiced by joint trials, which violate their due process and equal protection rights. They also argued …

March 25, 2016 • Asbestos Case Tracker, Insurance Coverage

Court Sides with Insurers; Rules Pro Rate Approach Applies on Liability Costs

The case involves two consolidated lawsuits — one from the federal district court for the Southern District of New York, and another from Georgia state court. The Georgia state court action was removed to federal court and then transferred to the Southern District of New York. This lawsuits concern insurance coverage for The Fairbanks Company …

March 25, 2016 • Asbestos Case Tracker, Case Decisions, State>Alabama, Summary Judgment

Lack of Evidence Linking Decedent’s Asbestos Exposure to Defendants Leads to Summary Judgment for Pump and Valve Manufacturers and Contractor

The plaintiff, George Holland, brought this action on behalf of the decedent, Owen Holland, alleging exposure to asbestos from his work at Monsanto Chemical Plant from 1967–2004. From 1974-2002, the decedent worked with external components of pumps and valves manufactured by Goulds and Crane. He also would sweep packing from around the pumps and fibers …