Asbestos Case Tracker

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September 4, 2015 • Asbestos Case Tracker, Case Decisions, State>Connecticut, Summary Judgment

Connecticut Appellate Court Affirms Dismissal of Asbestos Action for Failure to Prosecute the Action with Reasonable Diligence

The plaintiff’s decedent brought this personal injury action in August 2009, alleging that his mesothelioma was caused by exposure to asbestos from several defendants’ products. The plaintiff’s decedent died a few days after the commencement of this action and before any deposition testimony or product identification evidence was disclosed. The plaintiff was appointed as executrix …

September 3, 2015 • Asbestos Case Tracker, Bankruptcy Trusts, Case Decisions

Court Refuses to Dismiss Garlock’s RICO Complaints Against Plaintiff Law Firms

Following the well-publicized decision in the Garlock bankruptcy, Garlock commenced a number of actions in federal court against asbestos plaintiffs’ law firms that allegedly engaged in fraud in the settlement of their clients’ mesothelioma claims against Garlock. In two of these actions, the defendant plaintiffs’ firms moved to dismiss the complaint under Federal Rule of …

September 1, 2015 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Court Applies Delaware’s Borrowing Statute in Granting Defendants’ Summary Judgment on Statute of Limitations

In this case, the plaintiff alleged that his lung cancer was caused by exposure to several defendants’ asbestos-containing products while he was working in Michigan. The plaintiff and his wife filed their claim in Delaware and all defendants moved for summary judgment, arguing that the action was untimely under the Delaware statute of limitations, which …

August 31, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges

Plaintiff’s Expert B Reader Found Qualified to Testify on Exposure and Causation

In this federal court case, the defendants moved to preclude the testimony of the plaintiff’s expert, Dr. Matthew Vuskovich, arguing that he was not qualified to testify, his testimony was not sufficiently reliable, and his opinions were based on the “every exposure” theory. The court denied the motion, finding Dr. Vuskovich’s credentials as a certified …

August 28, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges

Plaintiff’s Expert Found Qualified to Testify and Pump Manufacturer Denied Summary Judgment on Frequency, Regularity, and Proximity Argument

In this federal court case, the plaintiff alleges that he was exposed to asbestos while serving in the Navy from 1954 to 1958 while aboard the USS Roosevelt, USS Bremerton, and USS Intrepid. Several defendants moved to limit the trial testimony of the plaintiff’s proffered expert, Dr. Jerome Spear, arguing that his report and testimony …

August 25, 2015 • Asbestos Case Tracker, Case Decisions, North Carolina

John Crane Inc. Establishes Prima Facie Entitlement to Summary Judgment

In this federal court case, defendant John Crane Inc. moved for summary judgment. The plaintiffs did not oppose the motion, and the court stated that it “may consider the forecast of evidence presented by the movant to be undisputed for the purposes of the present motion. See Fed. R. Civ. P. 56(e)(2).” In granting Crane …

August 25, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, State>Illinois

Preclusion of Plaintiff’s Expert Witness and Defendant’s Investigation of Juror Do Not Warrant New Trial

In this federal case, the plaintiff, Charles Krik, sued Owens-Illinois and ExxonMobil and claimed they negligently exposed him to asbestos, causing his lung cancer. The case went to trial and a verdict was returned in favor of the defendants as the jury found that the plaintiff’s smoking was the sole cause of his lung cancer. The …

August 18, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction

Federal Court Refuses to Maintain Supplemental Jurisdiction After Plaintiff Amends Complaint

In this federal court case, the decedent, Thomas Maguire alleged exposure to asbestos while he served as a metalsmith in the Navy between 1958 and 1961, and then again while working as a steamfitter aboard Navy ships between 1962 and 1963. The defendant, Crane Co. removed the case to federal court based on the federal …

August 13, 2015 • Asbestos Case Tracker, Case Decisions, Pleadings Challenge

National Grid Successfully Opposes Co-Defendant’s Motion to Dismiss Cross-Claims

In this NYCAL action, the plaintiff, Michael Koulermos claimed he developed mesothelioma from working near employees of Treadwell Corp. while he was employed at the Northport Power Station. The plaintiff subsequently agreed to a no-opposition summary judgment motion on behalf of Treadwell. However, the co-defendant, National Grid, opposed the motion’s requested dismissal of any cross-claims. …

August 12, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Pennsylvania

Court Grants Non-Party Expert’s Motion to Quash Subpoena Even Though Items Sought Deemed Relevant

In this federal court motion, Dr. Arthur Frank moved to quash the subpoena served on him by Honeywell International Inc. as a defendant in a pending Eastern District of North Carolina asbestos case, Yates v. Ford Motor Co., et al. Honeywell subpoenaed Dr. Frank, a prolific plaintiff’s expert in asbestos cases and a non-party to the …