Asbestos Case Tracker

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April 27, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Boilermaker Contractor Granted Summary Judgment Over Past Employee as No Proof Existed of Exposure Outside of His Work Directly for Contractor

The plaintiffs filed a wrongful death and survival action claiming their decedent, Michael Walashek, developed mesothelioma from his work as a career boiler maker from 1967-86. The plaintiff’s social security records listed his employers FBS, Inc. and Camass Company, along with others. The case was removed to federal court and FBS, Inc. moved for summary …

April 12, 2016 • Asbestos Case Tracker, Case Decisions, New Jersey, Summary Judgment

Federal Court Analyzes New Jersey State Law in Granting Unopposed Summary Judgment Motions of Six Defendants

In this federal court case, the plaintiff, James McCourt, alleged exposure to asbestos from serving in the Navy (1962-66), working as a pipefitter (1961-62 and 1966-68), home renovations (1952-60), automotive repair work (1959-98), and from the clothing of his father from products manufactured by various defendants. Six defendnats, Guard-Line, Inc., CertainTeed Corporation, Union Carbide Corporation, …

April 5, 2016 • Asbestos Case Tracker, Case Decisions, North Carolina, Punitive Damages, Summary Judgment

Punitive Damages Not Allowed Against Bendix; Memos Showed a Corporation Struggling With Evolving Science on Asbestos and Mesothelioma

The plaintiff alleged that her husband was exposed to asbestos from brakes, and as a result died from mesothelioma. She sued Honeywell International, as successor-in-interest to Bendix, alleging negligence, breach of implied warranty, fraud, failure to warn, and wrongful death, and asked for actual and punitive damages. Bendix moved for summary judgment on the breach …

April 5, 2016 • Asbestos Case Tracker, Case Decisions, Summary Judgment

Various Bits of Evidence Insufficient to Reverse Grant of Summary Judgment to Four Defendants

After the decedent was diagnosed with mesothelioma, he and his wife filed suit against 31 companies alleging asbestos exposure. The case was removed to federal court and transferred to the Eastern District of Pennsylvania MDL. Four defendants — Crane Company, CBS Corporation (Westinghouse), Goulds Pumps, and Air & Liquid Systems Corporation (Buffalo) — were granted summary judgment …

April 1, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Summary Judgment Overturned on Statute of Limitation Argument as No Proof Offered Linking Past Disease With Mesothelioma Diagnosis

In this take-home exposure case, the plaintiff was diagnosed with malignant epithelial mesothelioma (MEM) on or about August 5, 2010 and commenced her case against various defendants on November 5, 2012. After joinder of issue and discovery, several defendants moved for, and were granted, summary judgment, arguing that the plaintiff’s action was time-barred pursuant to …

April 1, 2016 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, Summary Judgment

Summary Judgment to Shipbuilders Upheld on Appeal Since Ships Are Not Products and Rejection of Plaintiffs’ Every Exposure Claim

In this case, the decedent, James McIndoe, was alleged to have been exposed to asbestos pipe insulation while serving aboard the USS Coral Sea, built by Huntington Ingalls Inc., from 1961–63 and the USS Wordern, built by Bath Iron Works Corporation from 1966-67. The case was removed to federal court under the federal officer removal …

March 29, 2016 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Maritime/Admiralty Law, Motions in Limine, New York, Summary Judgment

Regardless of Whether New York or Maritime Law Applied, Government Contractor and Bare Metal Defenses Insufficient to Grant Summary Judgment to Foster Wheeler

The plaintiff alleged the decedent was exposed to asbestos while serving in the Navy from 1947-52, and while on board the USS Charles H. Roan. Defendants Foster Wheeler and General Electric removed to federal court pursuant to the federal officer statute. Foster Wheeler moved for summary judgment based on: (1) the government contractor defense; (2) …

March 29, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Plaintiffs’ Evidence in Response to Two Defendants’ Summary Judgment Motions Insufficient to Infer Exposure to Lifetime Boilermaker

The plaintiffs filed a wrongful death and survival action in state court; shortly thereafter defendants removed to federal court. The plaintiffs asserted negligence and strict liability claims from the death of their father/husband from malignant mesothelioma; the decedent was a career boilermaker. Defendants Lamons Gasket Company and Parker-Hannifin Corporation moved for summary judgment; both were …

March 28, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Summary Judgment Granted in Favor of Defendant Company Pursuant to California’s Workers’ Compensation Act in Matter Involving 44 Years of Alleged On-The-Job Asbestos Exposure

The plaintiff filed a lawsuit in state court alleging that from 1956 to 1990, he was employed by the defendant and “spent a significant portion of that time ‘dealing with asbestos, fiber glass products and other hazardous products.’” The three causes of action were for: (1) premises liability; (2) negligence; and (3) negligent infliction of …

March 25, 2016 • Asbestos Case Tracker, Case Decisions, State>Alabama, Summary Judgment

Lack of Evidence Linking Decedent’s Asbestos Exposure to Defendants Leads to Summary Judgment for Pump and Valve Manufacturers and Contractor

The plaintiff, George Holland, brought this action on behalf of the decedent, Owen Holland, alleging exposure to asbestos from his work at Monsanto Chemical Plant from 1967–2004. From 1974-2002, the decedent worked with external components of pumps and valves manufactured by Goulds and Crane. He also would sweep packing from around the pumps and fibers …