Asbestos Case Tracker

LATEST INSIGHTS

October 30, 2015 • Asbestos Case Tracker, Case Decisions, State>Florida, Verdict Reduction

$6.6 Million Verdict Reinstated by Florida’s Highest Court After Analysis of Arguments on Alternative Design, Causation, and Jury Instruction on Failure to Warn

In this case, the plaintiff, William Aubin, claimed he was exposed to asbestos from SG-210, an asbestos product used in items such as joint compound and texture sprays that was manufactured by Union Carbide Corporation. Following trial, a jury returned a verdict of $6.6 million finding Union Carbide was liable, in part, under the plaintiff’s …

October 29, 2015 • Asbestos Case Tracker, California, Case Decisions, State, State>California

California Appellate Court Examines Entire Record, Not Just Expert Testimony, To Affirm Denial of Motions for Judgment Notwithstanding the Verdict

The plaintiff in this case was diagnosed with mesothelioma and filed claims for negligence, strict liability, and loss of consortium against, among others, Union Carbide and Elementis Chemicals, as successor-in-interest of Harrison & Crosfield, Pacific, Inc., and certain related entities. The plaintiff submitted three theories of liability: strict liability (design defect under the consumer expectations …

October 28, 2015 • Asbestos Case Tracker, Case Decisions, Summary Judgment

Summary Judgment Affirmed for Two Defendants – One Based on Government Contractor Defense and One Due to No Exposure

The Ninth Circuit affirmed the granting of summary judgment to two defendants – Lockheed and UTC, as successor-in-interest to Pratt & Whitney. Summary judgment was affirmed as to Lockheed based on the government contractor defense. Lockheed introduced two affidavits establishing that the Untied States approved specifications requiring the use of asbestos in government aircraft. This …

October 27, 2015 • Asbestos Case Tracker, Asbestos Litigation Analysis

Bacon is the New Asbestos! Really?

So, this is a perfect example of the realities of this world and how state of the art can be distorted. The World Health Organization has indicated that processed foods, such as bacon, sausage and hot dogs are in the same category as smoking and asbestos in terms of their potential to cause cancer. The …

October 27, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, State>Kentucky

In Severing Late Third-Party Claims Against Defendant with Federal Defenses, Court Remands Case That had Been Litigated in State Court for Almost Two Years

In this case, an action was brought in Jefferson Circuit Court asserting state-law claims for the asbestos exposure and death of the decedent, Glen Brown. Defendant General Electric Company (GE) was granted leave to assert a third-party claim against Tennessee Valley Authority (TVA), who then removed the matter to federal court pursuant to 28 U.S.C. …

October 27, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, New Jersey, Pennsylvania

Federal Court Applies Laws of New Jersey and the Third Circuit in Allowing Experts to Testify Regarding General, Not Specific, Causation in Case Alleging Renal Cancer

The plaintiff alleged that he developed renal cancer from asbestos exposure while working at the Philadelphia Navy yard, the New York Shipbuilding yard, and various automotive and electric shops in New Jersey. In July 2013, this case was removed to the federal court in Pennsylvania as part of MDL-875. Defendant Ford moved to exclude the …

October 26, 2015 • Asbestos Case Tracker, Case Decisions, Pennsylvania, Summary Judgment

Years After Bankruptcy Case Closed, Reopening of Asbestos Claims by MDL Not Judicially Estopped Due to Failure to List Claims in Bankruptcy Petition

In 1997, the decedent’s claims for asbestos exposure against shipowners represented by Thompson Hine LLP were administratively dismissed, with the option of pursuing at a later date. In 1999, the decedent brought claims against various defendants, including the shipowners represented by Thompson Hine LLP. In 2001, the decedent received a separate cancer diagnosis that he …

October 23, 2015 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Boiler Manufacturer Denied Summary Judgment Based on Plaintiff’s Contradictory Testimony on Product ID

In this NYCAL case, the plaintiff, Mark Ricci, claims secondhand exposure to asbestos from his father’s work with boilers, including boilers manufactured by defendant Cleaver-Brooks. During the testimony of the plaintiff’s father, Aldo Ricci’s, he originally answered that he did not recall observing anyone working on a Cleaver-Brooks boiler. Later, during plaintiff’s counsel’s questioning, Aldo …

October 23, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, New York

Plaintiffs’ Motion for Leave to Amend Complaint to Delete Federal Question Neither Prejudicial Nor Futile Where Remaining Defendant’s Summary Judgment Motion Did Not Argue Federal Claims

The plaintiff was diagnosed with mesothelioma and filed suit against a sea of defendants in New York state court. After responding to interrogatories indicating that he was exposed to asbestos while in the Navy, Foster Wheeler timely removed this case to federal court based upon the federal government-contractor defense. When the only defendant remaining was …

October 23, 2015 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, Washington

Maritime Law Applied to Plaintiffs’ Claims and State Court Filing Retained Plaintiffs’ Right to a Jury Trial

In this federal court case, defendant Crane asserted that state law should apply to some aspects of plaintiffs’ claims, while the parties appeared to agree that maritime law applied generally to the matter. The court examined this case sua sponte on the issue of whether maritime or state law governed the remaining claims of the …