Asbestos Case Tracker

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February 16, 2021 • Asbestos Case Tracker, Pennsylvania, Personal Jurisdiction

Court Recommends Denial of Defendants’ Motions to Dismiss Finding Court had Subject Matter Jurisdiction and Personal Jurisdiction

U.S. District Court for the Western District of Pennsylvania, February 11, 2021 The decedent was allegedly exposed to asbestos dust and fibers during his employment with the U.S. Navy and other various employers. He developed mesothelioma in 2018 and died from complications in February 2020. The decedent’s wife brings this lawsuit against various defendants alleging …

February 16, 2021 • Asbestos Case Tracker, California, Summary Judgment

Navy Defendants’ Motion for Summary Judgment Denied as Factual Disputes Remained to Claimed Defenses

U.S. District Court of the Eastern District of California, February 10, 2021 The defendants’ motion for summary judgment was before the court. The court denied the motion finding several genuine issues of material fact remained unresolved. First, the court found it was disputed as to whether exposure to defendants’ products was a “substantial factor in …

February 12, 2021 • Asbestos Case Tracker, Mississippi, Summary Judgment

Brake Manufacturer Obtains Summary Judgment on Causation and Punitive Damages Grounds

U.S. District Court for the Southern District of Mississippi, Southern Division In this action, the plaintiffs allege that Mr. Dickens was exposed to asbestos from his work with brakes and clutches manufactured by Defendant, Ford Motor Co. Ford moved for summary judgment on causation and punitive damages grounds. Ultimately, the court granted both motions and …

Worn work gloves lying on concrete floor

February 10, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Partial Summary Judgment Granted to Glove Manufacturer Based on Acquisition Agreement

Supreme Court of New York, New York County Defendant CSC Scientific Company, Inc. filed the present motion for summary judgment arguing that the plaintiffs have failed to identify a CSC product as a source of decedent’s asbestos exposure over a period from 1976 to 1979 or at any other time. By way of background, this …

February 9, 2021 • Asbestos Case Tracker, Delaware, Summary Judgment

Summary Judgment Awarded to Defense Contractor in Aircraft Case under Texas Law

U.S. District Court for the District of Delaware, February 8, 2021 The plaintiffs alleged that the decedent, Arthur L. Carnes, was exposed to asbestos while serving in the United States Air Force from December 1955 to February 1964. Mr. Carnes was stationed as a mechanic at Plattsburg Air Force Base in New York from 1955 …

February 5, 2021 • Asbestos Case Tracker, Louisiana, Summary Judgment

Summary Judgment Affirmed; Mere Presence of Asbestos Materials Insufficient for Causation

Court of Appeal of Louisiana, Fourth Circuit From 1975 to 1977, the decedent participated in the construction of a Marathon oil refinery while employed by Parsons Government Services, Inc. Parsons filed a motion for summary judgment, arguing the decedent could not establish that he was exposed to asbestos from his work as a pipefitter at …

February 5, 2021 • Asbestos Case Tracker, Louisiana, Remand/Removal

Motion for Remand Denied; Plaintiff Withheld Notice of Settlement of Non-Diverse Defendant

U.S. District Court for the Eastern District of Louisiana In June 2019, the plaintiff filed a lawsuit against multiple defendants alleging that he developed asbestos-related lung cancer. In December 2020, defendant Exxon Mobil removed this matter to the U.S. District Court for the Eastern District of Louisiana pursuant to 28 U.S.C. § 1332. One month …

February 2, 2021 • Asbestos Case Tracker, Louisiana, Summary Judgment

Sealant Manufacturer Granted Summary Judgment in Shipyard Case

U.S. District Court for the Eastern District of Louisiana, February 1, 2021 Plaintiff William Hulin Sr. was diagnosed with lung cancer and alleged that he was exposed to asbestos during the course of his employment at Avondale Shipyards. He sued numerous defendants, including Bayer CropScience, as successor to AmChem Products, Inc. in state court, and …

February 1, 2021 • Asbestos Case Tracker, Asbestos Litigation Analysis

New York City to Remain a “Judicial Hellhole” in 2021? Only Time Will Tell

While 2020 delayed many aspects of litigation due to the COVID-19 pandemic, some jurisdictions such as New York City still managed to hold its title as one of the nation’s top judicial hellholes. As previously reported by the Asbestos Case Tracker, as of November 13, 2020, New York terminated the scheduling of any new jury …

January 29, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Gasket Manufacturer Denied Summary Judgment in NYCAL

Supreme Court of New York, New York County In this NYCAL action, plaintiff Lorraine Sprague alleges take-home exposure to asbestos from laundering her husband’s clothing while he worked as an oiler/wiper and tugboat/marine engineer from the early 1960s until 1987. Following two fact witness depositions and submission of expert reports, defendant Fel-Pro moved for summary …