Asbestos Case Tracker

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October 16, 2015 • Asbestos Case Tracker, Bankruptcy Trusts, Case Decisions

Claim Representatives For Filing Bankruptcy Trust Claims Have No Standing To Sue Bankruptcy Trusts For Suspending Claims

Plaintiff Mandelbrot Law Firm specialized in preparing and filing asbestos personal injury claims to various bankruptcy trusts. In 2002, one such trust, the Delaware Trusts, suspended all payment of claims from claimants who the plaintiff represented, due to proceedings in California regarding allegedly fraudulent claims filed by the plaintiff. The plaintiff then filed this declaratory …

October 16, 2015 • Asbestos Case Tracker, Other Asbestos News

The High Court Down Under Allows Earlier Cause of Action Accrual in Lawsuits Claiming Inevitable Onset of Mesothelioma

On October 7, 2015, the High Court of Australia dismissed the appeal of a negligent employer and held that where the contraction of mesothelioma was an inevitable result of asbestos exposure, the cause of action accrues shortly after the initial exposure as opposed to when the symptoms manifest. This ruling came from a case in which …

October 16, 2015 • Asbestos Case Tracker, Other Asbestos News

Thoracic Surgeon Provides Heated Chemo, Hope for Veterans With Pleural Mesothelioma

Good news has come out of Boston for veterans suffering from mesothelioma. Thoracic surgeon Dr. Abraham Lebenthal recently performed the first intraoperative heated chemotherapy procedure for a VA patient with malignant pleural mesothelioma, a procedure that should aid in this hard-fought battle against this cancer. As Lebenthal said in an interview, “[f]or some veterans, it …

October 15, 2015 • Asbestos Case Tracker, Insurance Coverage

Texas Federal Court Ruled Primary Carrier Was Entitled to Reimbursement for Settlement Payments But Not Defense Costs in Connection with Underlying Asbestos Cases

LGS Technologies, LP v. U.S. Fire Ins. Co., No. 2:07-CV-399, 2015 U.S. Dist. LEXIS 139085 (E.D. Tex. Aug 14, 2015) On October 12, 2015, the district court from the Eastern District of Texas filed an order, accepting the report and recommendation of the Special Master in connection with an asbestos insurance coverage dispute between a …

October 15, 2015 • Asbestos Case Tracker, Case Decisions, Summary Judgment

Plaintiff’s Failure to Connect Replacement Parts to Pump Manufacturer Key To Upholding Summary Judgment on Appeal

Plaintiffs Jeffrey Lannes and Kristi Johnson appealed the district court’s grant of summary judgment to Flowserve, Jerguson Gage & Valve, and Warren Pumps. The Ninth Circuit affirmed the summary judgment. Decedent Vernon Lannes was allegedly exposed to asbestos gaskets, packing, and insulation while serving in the Navy. The court noted that “…the defendants shifted the …

October 15, 2015 • Asbestos Case Tracker, Insurance Coverage, Pennsylvania

Court Applied Pennsylvania Law in Asbestos Coverage Case Based on Insured’s Residence

York Int’l Corp. v. Liberty Mut. Ins. Co., No. 1:10-CV-0692 (M.D. Pa. Oct. 13, 2015) This decision involves a dispute over whether Pennsylvania or New York law would apply to an insurer’s duty to defend and indemnify an insured for asbestos-related claims. Due to the passage of more than 50 years between the period covered …

October 13, 2015 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Wisconsin

Distinction Between Gloves and Mittens Crucial In Granting Defendant’s Summary Judgment

Plaintiff Janice Herr alleged that Richard Herr died of mesothelioma due to his use of Airco-distributed, asbestos-containing gloves/mittens. Herr was a sculptor and art instructor who used insulated mittens to handle heated molds. He also used raw asbestos to make molds for his sculptures. Airco never manufactured insulated gloves or mittens, but distributed welding gloves …

October 12, 2015 • Asbestos Case Tracker, Asbestos Litigation Analysis

Legislative Reform for Timely Disclosure of Settlements: What Do You Think?

Much has been made about the injustice of plaintiffs being able to game the system by potentially seeking excess recovery through a combination of claims asserted against bankruptcy trusts and in civil litigation. This has led to bankruptcy transparency legislation at the state and federal level, because defendants in asbestos litigation were being denied a full …

October 12, 2015 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Washington

Federal Court Grants Summary Judgment, Holding a Shipbuilder is a Service Provider, Not a Seller of a Product

The plaintiffs alleged that Glenn Hassebrock was exposed to asbestos while working as a union pipefitter at various shipyards. The defendant shipbuilding company moved for partial summary judgment, seeking dismissal of the products liability claims on the grounds that the company acted predominantly as a service provider, rather than a distributor of asbestos-containing products. The court …

October 12, 2015 • Asbestos Case Tracker, Significant Verdicts, Washington

Ford Gets Defense Verdict Since Plaintiff’s Expert Could Not Proximately Link Disease to Chrysotile Exposure in Light of Previous Amphibole Exposure

In this federal court case, it was alleged that the plaintiff, Gregory Cannard, was exposed to asbestos insulation while serving in the Navy from 1965 to 1967, and while working for Lomac Motors from 1975 to 1978, where he allegedly ground asbestos head gaskets from Ford Motor Co. (Ford). At the time of trial, Ford …