Asbestos Case Tracker

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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 …

October 9, 2015 • Asbestos Case Tracker, Damages, New York, Significant Verdicts

After Supplier Defaulted Through Nonappearance, Court Awarded Damages In Unopposed Proceeding

An Erie County, New York court has issued a decision on damages in a default action where damages and liability were uncontested following a two-day bench trial in an asbestos case involving Joseph Muir, a 58-year-old man living with mesothelioma. Defendant Hedman Resources, Ltd. was the only remaining defendant. Hedman had been served with the …

October 9, 2015 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Valve Manufacturer Denied Summary Judgment on Bare Metal Defense

In this NYCAL case, it was alleged that the plaintiff, Mark Ricci, was exposed secondhand to asbestos from his father’s air conditioning and ventilation work. Aldo Ricci (Aldo), Mark Ricci’s father, testified that he was exposed to asbestos from working near others working on Crane Co. valves. Crane moved for summary judgment, arguing that the …

October 9, 2015 • Asbestos Case Tracker, Case Decisions, Consolidation, New York

Motion to Consolidate Trials Granted

The plaintiffs brought a motion to consolidate separate actions into three separate groups for joint trial. The court noted that as to the three groups, all of the plaintiffs are represented by the same law firm, are in the same phase of discovery, and the plaintiffs allege the same type of cancer. The court granted …

October 8, 2015 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Clutch Manufacturer Makes Prima Facie Showing of Entitlement to Summary Judgment

In this New York case out of Nassau County, the plaintiff alleged asbestos exposure to various products while working as a truck mechanic from the late 1950s to the mid 1990s. The plaintiff testified at his deposition that he removed and installed Eaton clutches on trucks from 1961 to 1970. Eaton moved for summary judgment …

October 8, 2015 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Defendants Fail to Make Prima Facie Entitlement to Summary Judgment Since They Failed to Show Their Products Could Not Have Contributed to Decedent’s illness or Death

In this case, the decedent alleged exposure to asbestos while working at Republic Steel from the early 1960s through the early 1970s. It is claimed he was exposed to insulation materials that were removed and installed in his vicinity while he was a laborer and to materials used to make “hot tops” while a crane …

October 8, 2015 • Asbestos Case Tracker, Other Asbestos News

Insurer Claims that Firm Overbilled by $3M in Asbestos Lawsuits

On Monday, October 5, 2015 a Swiss Re insurer filed suit in a California federal court claiming that a law firm billed $3 million extra in several asbestos lawsuits. Initially, Westport Insurance Corp. launched an investigation into Vasquez Estrada & Conway LLP’s billing practices after it became suspicious of a firm partner’s estimates for defending …

October 8, 2015 • Asbestos Case Tracker, Insurance Coverage

Pre-Judgment Interest Above Policy Limits Recoverable Under Pennsylvania Law

General Refractories Company (GRC) has been named as a defendant in over 30,000 asbestos lawsuits since 1978. In 2002, GRC tendered to it excess carriers, including Travelers Casualty (Travelers) and Surety Company (formerly The Aetna Casualty and Surety Company) under a 1985-86 policy. Travelers denied coverage under an asbestos exclusion. GRC proceeded to settle many …

October 7, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Single Fiber, Cumulative Exposure, State>Illinois, Summary Judgment

Wife’s Testimony on Decedent’s Use of Brake Product and Expert Causation Testimony Held Sufficient to Defeat Summary Judgment

In this federal court case, decedent Richard Bell alleged exposure to asbestos while performing car maintenance from 1964 through the late 1970s. Defendant Honeywell, as successor of Bendix, moved for summary judgment, arguing that the decedent’s wife’s deposition testimony that the decedent used Bendix brakes with the word “asbestos” on the packaging was hearsay; that …