Asbestos Case Tracker

LATEST INSIGHTS

January 11, 2016 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Wisconsin

In Case Where Steamfitter Worked on its Premises, Owner Denied Summary Judgment Based on the Wisconsin Safe Place to Work Statute

In yet another follow-up decision in the Ahnert case out of Wisconsin federal court, Pabst Brewing Company moved for summary judgment. As previously reported, Foster Wheeler was granted summary judgment, but insulation contractor, Sprinkmann Sons Corp. was denied summary judgment based on the Wisconsin statute of repose. The decedent was a union Steamfitter from 1955 …

January 8, 2016 • Asbestos Case Tracker, Case Decisions, Statute of Repose, Summary Judgment, Wisconsin

Work Performed by Insulation Contractor was Maintenance, Not Improvement, to Real Property; Wisconsin Statue of Repose Did Not Bar Asbestos Claims

In a follow-up decision from yesterday’s report regarding the summary judgment granted to Foster Wheeler, Sprinkmann Sons Corporation also moved for summary judgment. The Wisconsin federal court denied this motion. The decedent was a steamfitter; two co-workers testified regarding their work with the decedent at various industrial facilities. They overhauled turbines and tanks, and removed/installed insulation. …

January 8, 2016 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, State>Illinois, Summary Judgment

Valve Manufacturer Granted Summary Judgment under Maritime Law Based on Lack of Causation

In this federal court action, it is alleged that the decedent, Richard Bell, was exposed to asbestos during his service in the Navy where he served on the USS Franklin D. Roosevelt from 1961 to 1962. Velan Valve Corp. moved for summary judgment asserting maritime law. The plaintiff did not oppose the application of maritime …

January 7, 2016 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Wisconsin

Wisconsin Federal Court Applies Statue of Repose in Granting Summary Judgment to Foster Wheeler after Multiple Lawsuits Filed by Same Plaintiff

The plaintiff was a steamfitter who filed a lawsuit against Foster Wheeler and others due to asbestosis developed after alleged asbestos exposure. After this case was transferred to MDL 875, the plaintiff was diagnosed with mesothelioma and filed a second suit, again naming Foster Wheeler. After the plaintiff died, his wife dismissed the second lawsuit; three years …

January 7, 2016 • Asbestos Case Tracker, Case Decisions, State>Illinois, Summary Judgment

Court Lacks Specific Jurisdiction Where Complaint is Devoid of Allegations that Injury Arose Out of Defendants’ Contacts with State

The plaintiffs’ complaint alleged that John Clark was exposed to asbestos from the defendants’ products while serving in the U.S. Air Force and during his employment at McDonald Douglas and Boeing. Multiple defendants made motions to dismiss, arguing that the District Court lacked jurisdiction over them. The plaintiffs failed to file timely responses to any …

January 5, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Decedent’s Incomplete Testimony Found Sufficient to Overcome Summary Judgment as Pump Manufacturer Should Have Re-noticed His Deposition to Question Him Prior to His Death

In this NYCAL case, it is alleged that the decedent, Warren Taveniere, was exposed to asbestos while working aboard several vessels as a Merchant Marine for Moore McCormack Lines from 1953 to 1955. The plaintiff’s interrogatory responses included Aurora Pump Company and at his deposition, the decedent testified that he used asbestos-containing gaskets and packing …

December 24, 2015 • Asbestos Case Tracker, Case Decisions, Statute of Repose, Summary Judgment, Wisconsin

Statute of Repose Doesn’t Apply in Reversal of Summary Judgment as Evidence Regarding Work Deemed Insufficient to Show an Improvement to Property

In this case, the plaintiff, Sandra Brezonick, alleged that the decedent, John Brezonick, was exposed to asbestos at various sites while working as a steamfitter in the Milwaukee area between 1966 and 2000. The plaintiff’s complaint alleged product liability, negligence and safe place statute claims under Wis. Stat. § 101.11 against numerous defendants. The defendants …

December 24, 2015 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, New Jersey, Summary Judgment

Turbine Manufacturer Entitled to Summary Judgment Under Both Maritime Law and New Jersey State Law

The plaintiff in this case, Samuel Feaster, alleged exposure to asbestos while employed at a shipyards in New Jersey and Pennsylvania. Defendant General Electric Company (GE) moved for summary judgment based on maritime law arguing that there was no evidence that the plaintiff was exposed to asbestos from a product manufactured or supplied by them. The …

December 21, 2015 • Asbestos Case Tracker, Case Decisions, Maryland, Summary Judgment

Pump Manufacturers Had a Duty to Warn Even Though Decedent Never Exposed to Original Pump Gaskets and Packing

The plaintiff, a widow, brought claims against pump manufacturers Air & Liquid Systems, Warren Pumps, and IMO Industries (defendants) for asbestos exposure sustained by her deceased husband while serving in the Navy for 20 years, from 1956 until 1976. The decedent died of mesothelioma. The defendants moved for summary judgment, arguing that they had no …

December 18, 2015 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

California Court Relies on Absence of Evidence in Plaintiff’s Discovery Responses to Affirm Summary Judgment for Defendant Fluor

A husband and wife sued numerous defendants after the husband was diagnosed with asbestosis in 2011. Defendant Fluor moved for summary judgment, which the court granted, on the basis that the plaintiffs failed to establish a triable issue of fact that the plaintiff was exposed to asbestos from Fluor products. The appellate court affirmed. The …