Asbestos Case Tracker

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November 18, 2015 • Asbestos Case Tracker, Case Decisions, Summary Judgment

Court of Appeals Vacates District Court’s Granting of Summary Judgment to Electrical Component Manufacturers Based on Decedent’s Testimony of Working With Products

In this federal court case, the plaintiff appealed the district court’s granting of summary judgment to defendants ABB, Schneider Electric, and Eaton. The court of appeals vacated the district court’s decision and remanded the case. In it’s ruling, the court noted: “In order to prevail in products liability cases, a plaintiff must establish, at minimum, (1) …

November 18, 2015 • Asbestos Case Tracker, Other Asbestos News

Sheldon Silver Corruption Trial Ongoing with Testimony from Weitz & Luxenberg Attorneys

Jury selection has been completed and trial testimony is ongoing in the corruption trial against State Assembly Speaker Sheldon Silver. Prosecutors allege, among other things, that Silver, who had previously been on the payroll at Weitz & Luxenberg, funneled state funds to Dr. Robert Taub of Columbia University for cancer research in exchange for referrals …

November 17, 2015 • Asbestos Case Tracker, Other Asbestos News

Illinois Appellate Court Affirms Dismissal of Asbestos-Related Legal Malpractice Suit

On November 10, 2015, the Illinois First District Appellate Court affirmed the circuit court’s holding that a legal malpractice suit was brought too late to continue, regardless of how the calendar of events was viewed. Originally, Vernon and John Q. Nelson had filed a wrongful death suit due to asbestos exposure in 2005, in which …

November 13, 2015 • Asbestos Case Tracker, Case Decisions, New York

Boiler Manufacturer Ordered to Disclose All Documents Referencing Asbestos or Asbestos-Containing Materials

In this NYCAL case, a June 23, 2014 order denied defendant Cleaver-Brooks’ motion to vacate a November 9, 2013 order of the Special Master directing the production of “all its commercial files, all other relevant documents and records, and its index card database.” The order also denied Cleaver-Brook’s application for a confidentiality order and cost …

November 13, 2015 • Asbestos Case Tracker, Case Decisions, Consolidation, Expert Challenges, Pleadings Challenge, Wisconsin

Plaintiff Allowed to Substitute and Limitedly Amend Complaint, Several Cases Consolidated Against 3M Among Court Rulings on Daubert Hearings and Expert Preclusion

In these federal court cases there were several motions brought forward, including a motion by the plaintiff to substitute the estate and file a third amended complaint following the death of the decedent, defendant 3M’s motion to preclude the plaintiff’s expert Dr. Arnold Brody, and defendant Weyerhaeuser’s Daubert motion regarding the plaintiff’s experts Frank M. …

November 12, 2015 • Asbestos Case Tracker, Other Asbestos News

Court Denies Motion to Dismiss Criminal Indictment Regarding Asbestos Workplace Violations

In a Middle District of Florida lawsuit, the defendants sought to dismiss an eight-count indictment alleging violations of various work practice standards involving regulated asbestos containing material (RACM). In their motion to dismiss, the defendants argued that the government failed to allege an essential element of the offense, that essential facts of the offense were …

November 12, 2015 • Asbestos Case Tracker, Case Decisions, Louisiana

Co-Defendant’s Bankruptcy Filing Did Not Result In A “Certain and Final Dismissal” For Purposes Of Removal Under Diversity Jurisdiction

The plaintiff and his wife commenced this action in Louisiana state court, alleging that his mesothelioma was caused by his exposure to several asbestos-containing products, including products supplied by various Louisiana companies. At the time of commencement, diversity jurisdiction did not exist and the action was therefore not removable to federal court. Several defendants settled, …

November 12, 2015 • Asbestos Case Tracker, Case Decisions, Wisconsin

Plaintiff Widow Allowed to Proceed on Claims Even Though Not Timely Substituted as Special Administrator of Husband’s Estate

The decedent died of mesothelioma and the plaintiff, his widow, proceeded on the claims that had been filed prior to his death; the plaintiff did not substitute herself as special administrator of his estate. Defendant Owens-Illinois filed a notice of death pursuant to federal rules, then filed a motion to dismiss pursuant to Federal Rule …

November 10, 2015 • Asbestos Case Tracker, Case Decisions, Statute of Limitations, Washington

Washington Appellate Court Applies New Case Law to Bar Wrongful Death Suits if Statute of Limitations Expires on Personal Injury Claim During Decedent’s Lifetime

In 2006, the plaintiff successfully sued two defendants for injuries related to the plaintiff’s workplace asbestos exposure. This judgment was vacated and remanded to federal district court, where it remained pending. The plaintiff passed away in 2012; two years later, his widow filed a wrongful death claim against new defendants. The defendants moved for summary …

November 9, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, North Carolina

Reliance of Dr. Eugene Mark on MSDS Sheets Not Enough to Overcome Court’s Exclusion of His Testimony Based on Daubert

The court excluded the testimony of the plaintiff’s expert, Dr. Eugene Mark, on the basis of Daubert. After this order, defendant Ford filed a motion for summary judgment and a motion to dismiss, and defendant Honeywell filed a motion to reconsider the court’s summary judgment order; both were made pursuant to the court’s order excluding …