Asbestos Case Tracker

LATEST INSIGHTS

April 5, 2023 • Asbestos Case Tracker, California, Summary Judgment

Maritime Defendants’ Motions for Summary Judgment under Government Contractor Defense Denied

Court: United States District Court for the Northern District of California This asbestos-related lawsuit alleges that the decedent, Roberto Elorreaga, developed mesothelioma from exposure to asbestos-containing products while working aboard the USS Rupertus (DD-851) from October 1959 to January 1960 as a machinist mate, and the USS Cowell (DD-547) from October 1960 until February 1963 as a fireman’s apprentice and … Continued

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April 5, 2023 • Asbestos Case Tracker, New York, Summary Judgment

General Contractor Defendant Fails to Meet Its Burden on Summary Judgment; Motion Denied

In this asbestos-related lawsuit, the defendant, Structure Tone, filed for summary judgment arguing that the plaintiff failed to establish that he was exposed to asbestos from working with or near products used by Structure Tone on jobsites. In support of its motion, Structure Tone cited its answers to site-specific interrogatories that stated itdid not use asbestos–containing materials on the … Continued

March 31, 2023 • Asbestos Case Tracker, Expert Challenges

Shipyard’s Motion to Exclude Plaintiff’s Causation Experts Denied

U.S. District Court for the Eastern District of Louisiana As previously reported on Asbestos Case Tracker, plaintiff Frank Ragusa alleges that he developed mesothelioma from asbestos exposure. Defendant Huntington Ingalls, Inc. (Avondale) moved to exclude the testimony of the plaintiff’s experts Dr. Stephen Terry Kraus, radiation oncologist, and Dr. Rodney Landreneau, thoracic surgeon. The defendant … Continued

March 31, 2023 • Asbestos Case Tracker, Expert Challenges

Turbine Manufacturer’s Motion to Exclude Expert Opinion Testimony Denied

U.S. District Court for the Eastern District of Louisiana Decedent James Grant Gooding was employed at various shipyards in Louisiana between 1970 and 1979. On March 4, 2020, he filed suit against a variety of premises defendants, suppliers, and manufacturers, including defendant General Electric Company, alleging their liability in causing him to be exposed to … Continued

March 30, 2023 • Asbestos Case Tracker, Emerging Issues

In Pursuit of a Final Rule: EPA Requests Additional Comments on Chrysotile Asbestos

Chrysotile asbestos is the only known form of asbestos imported into the United States. It is found in a variety of products, such as sheet gaskets, brake blocks, and aftermarket brakes and linings. The chlor-alkali industry also uses raw asbestos for diaphragms to disinfect drinking water. After completing its Final Risk Evaluation for Asbestos, Part … Continued

March 28, 2023 • Asbestos Case Tracker, Federal Officer Removal, Remand/Removal

District Court Denies Plaintiff’s Motion to Remand despite Dismissal of Defendant that Formed the Basis of Federal Jurisdiction

U.S. District Court for the Eastern District of Louisiana As previously reported on Asbestos Case Tracker, this matter involves Plaintiff Frank P. Ragusa, who filed an action against various defendants in state court alleging occupational asbestos exposure at the Avondale Shipyards, among other facilities, where he worked as a crane operator from 1973 through 2017. … Continued

March 28, 2023 • Asbestos Case Tracker, Experts, Summary Judgment, Utah

Exclusion of Dr. Staggs’ Specific Causation Opinion Entitles Automotive Defendant to Summary Judgment

Court: United States District Court for the District of Utah This case arises out of decedent John C. Riegler’s diagnosis of mesothelioma, which plaintiff alleges stems from decedent’s work at a service station, including the performance of brake services. Plaintiff alleges defendants’ automotive-friction products exposed decedent to asbestos and caused his mesothelioma. Before the court … Continued

March 23, 2023 • Asbestos Case Tracker, Louisiana, Summary Judgment

Shipyard Defendant Granted Partial Summary Judgment on Plaintiff’s Non-Employee Exposure Claims

United States District Court for the Eastern District of Louisiana From 1972 to 1975, plaintiff Frank P. Ragusa Jr. operated a cherry picker at Avondale Shipyards as an employee of Huntington Ingalls, Inc. He then worked at Avondale for a second stint in the late 1980s as a Pauline Management (JP & Sons) employee. The … Continued

March 22, 2023 • Asbestos Case Tracker, Causation, Motion to Renew, Summary Judgment

Engine Company’s Motion to Renew Summary Judgment on Causation Grounds Denied

Supreme Court of New York, Nassau County Defendant Perkins Engine, Inc. moved to renew a court order denying its motion for summary judgment. A motion for leave to renew or reargue is based on new facts not offered on the prior motion that would change the prior determination, and reasonable justification for the failure to … Continued

March 21, 2023 • Asbestos Case Tracker, Louisiana, Summary Judgment

Defendant’s Motion for Summary Judgment under Longshore and Harbor Workers’ Compensation Act Granted

Court: United States District Court for the Eastern District of Louisiana Plaintiff Frank P. Ragusa Jr. filed an asbestos-related lawsuit in Civil District Court for the Parish of Orleans alleging he was exposed to asbestos in 1972, and from 1975 to 1976, while working at the Avondale Shipyard. He alleged that as a result of … Continued