Asbestos Case Tracker

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April 27, 2015 • Asbestos Case Tracker, Case Decisions, State>Florida, Summary Judgment

Federal Procedural Law Applied Over State Law in Summary Judgment Motions Brought by Manufacturers of Safety Mask and Aircraft Component Parts in Naval Exposure Case

In this federal court case that was removed from Florida state court, the plaintiff, Darryl Dugas, and his wife filed a second amended complaint alleging four causes of action regarding their claim that Mr. Dugas developed mesothelioma from his work as an aircraft structural mechanic with the U.S. Navy between 1967 and 1971. The four …

April 23, 2015 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Texas

Premises Defendant Granted Conditional Mandamus Relief in Finding the Lower Court Abused its Discretion in Ordering a New Trial Following a No Liability Jury Verdict

The plaintiff’s decedent, Willis Whisnant, Jr., worked as a pipefitter at various plants from 1947 through 1986. He worked off and on at DuPont from 1966 through 1975, where he was allegedly exposed to airborne asbestos fibers. The decedent, who had a 40-year smoking history, was diagnosed with lung cancer in 1997. He commenced his …

April 17, 2015 • Asbestos Case Tracker, Case Decisions, Pennsylvania, Single Fiber, Cumulative Exposure

Pennsylvania Appellate Court Applies “Frequency, Regularity, Proximity” Standard, Dismissing Bystander Exposure Claim

The plaintiff commenced this action, alleging bystander exposure to brake work done on a P&H crane brakes. The defendants moved for summary judgment on the grounds there was insufficient evidence of asbestos exposure to any P&H crane brakes. In opposition to the motion, the plaintiffs relied on the following proof as recounted by the court: …

April 17, 2015 • Asbestos Case Tracker, Bankruptcy Trusts, Case Decisions, Pennsylvania

Pennsylvania Superior Court Rules, Inter Alia, No Right to Offset for Bankruptcy Trust Claims

The Superior Court of Pennsylvania recently reviewed on appeal a variety of post-trial issues in two mesothelioma cases that went to trial in the Philadelphia Court of Common Pleas. Of particular interest is the court’s refusal to permit defendants to offset payments received from settling non-party tort feasors, which included bankruptcy claim payments. The basis …

April 14, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, State>Illinois

Southern District of Illinois Denies Motion to Remand Alleged Aircraft Engine Asbestos Exposure Based on Federal Contractor Defense

After the plaintiff commenced an action alleging asbestos exposure in connection with Air Force aircraft engines, the defendants removed the action to federal court under 28 U.S.C. 1442(a)(1), which permits removal “by federal officers or any persons acting under a federal officer for any act under color of such office where such person asserts a …

April 13, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, New York, Summary Judgment

NYCAL Issues Bombshell Decision, Ruling Exposure to Friction Products Is Incapable of Causing Mesothelioma and Rejecting the Cumulative Exposure Theory

In a decision that could change the landscape of NYCAL asbestos litigation in New York, Justice Barbara Jaffe issued a post-trial decision following an $11 million verdict against Ford, essentially precluding Drs. Steven Markowitz and Jacqueline Moline on Frye grounds because there is no established scientific connection between exposure to friction products and mesothelioma. Additionally, Justice Jaffe …

April 10, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, State>California

Federal Court Precludes Plaintiff Aircraft Expert Under Daubert and Grants Summary Judgment

In this case, the plaintiffs pursued an action claiming that the decedent, while working as an aircraft electrician for the U.S. Air Force between 1952 and 1961, was exposed to various electrical component parts. Several electrical component part defendants moved for summary judgment claiming that the plaintiffs did not meet the threshold exposure standard under California …

April 9, 2015 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law

Lack of Evidence of Exposure to Asbestos-Containing Products Leads to Multiple Defendants Obtaining Summary Judgment Under New Jersey and Maritime Law

The plaintiff’s decedent, Harold Thomasson, had mesothelioma that was alleged to be a result of his service in the U.S. Navy between 1952 and 1954, and his work as a maintenance man/pipefitter for various employers between 1954 and 1985. The decedent died prior to testifying and 19 defendants moved for summary judgment, arguing that there …

April 9, 2015 • Asbestos Case Tracker, Legislative Updates

New Arizona Law Adds Significant Hurdles for Victims of Asbestos Exposure

On April 9, 2015, Governor Doug Ducey signed a bill into Arizona state law that places new requirements on victims of asbestos exposure. Pursuant to the new law, asbestos victims must submit a sworn statement that identifies each personal injury claim that the victim has filed and each claim that the victim reasonably anticipates filing …

March 30, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Punitive Damages, State>Georgia

Under Georgia Law, Appellate Court Rejects Defendant’s Daubert Challenge to Dr. Abraham and Allows Punitive Damage Claim

In this case, the plaintiff and his wife, Roy and Milva Knight, sued Scapa Dryer Fabrics, Inc., alleging that Roy’s mesothelioma was caused from exposure to asbestos while he was working as an independent sheet metal contractor at Scapa’s facility. It was alleged that Scapa used asbestos fibers in its manufacturing process and there was …