Asbestos Case Tracker

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October 29, 2020 • Appeal, Asbestos Case Tracker, State>California, Summary Judgment

American Oil Company Defendants Had No Control Over Iranian Oil Company, Summary Judgment Upheld on Appeal

Court of Appeal of California, Second Appellate District, Division Seven, October 28, 2020 Houshang Sabetian and his wife, Soraya, (the plaintiffs) filed this action on March 28, 2018 alleging causes of action for negligence, strict liability, premises liability, negligent joint venture, alter ego, and loss of consortium. The complaint alleged Houshang contracted mesothelioma caused by exposure …

October 29, 2020 • Asbestos Case Tracker, Rhode Island, Summary Judgment

Boiler Manufacturer Granted Summary Judgment Based on Lack of Product Nexus

Superior Court of Rhode Island, Providence, October 27, 2020 The decedent, Gerard Wallace, and his wife, Ruth (the plaintiff) filed a complaint on November 16, 2016 after the decedent was diagnosed with mesothelioma in September 2016. The plaintiff alleged that the decedent worked as a plumbing-heating installer-repairer from 1949 to 1985. Specifically, the plaintiff argued …

October 27, 2020 • Asbestos Case Tracker, South Carolina, Summary Judgment

Summary Judgment Awarded to Pipe Insulation Company Under Lohrmann Test

U.S. District Court for the District of South Carolina, Columbia Division, October 26, 2020 The plaintiff alleged that the decedent, Paul Cruise, was exposed to asbestos-containing products while serving as a boiler tender in the United States Navy, and while working as an electrician at various industrial facilities from 1965 to 1980. The defendant, Covil …

October 27, 2020 • Asbestos Case Tracker, Choice of Law, Mississippi

Mississippi Federal Court Applies Delaware and Tennessee Law to Grant Summary Judgment

U.S. District Court for the Southern District of Mississippi, Southern Division, October 23, 2020 The plaintiff alleged that he developed mesothelioma after exposure to asbestos from various products he worked with throughout his career. Of note in this matter, the plaintiff alleged that defendant Trinity Marine Products is liable for his injury after he worked …

October 27, 2020 • Asbestos Case Tracker, State>California, Summary Judgment

Pump Manufacturer Granted Partial Summary Judgment in Maritime Case; Plaintiff’s Motion Denied

U.S. District Court for the Central District of California The plaintiff, Christopher Clarke, alleged he was diagnosed with mesothelioma as a result of his alleged exposure to asbestos while serving as a Machinist Mate for the United States Navy from 1962 to 1981. Specifically, the plaintiff alleged that he was exposed to asbestos from replacing …

October 20, 2020 • Asbestos Case Tracker, Insurance Coverage, New York

Federal Court Holds Underlying Policies Exhausted by Settlement; Grants Summary Judgment to Insurer on Excess Policy Reinsurance Claim

U.S. District Court for the Southern District of New York, October 19, 2020 An insurer and its reinsurer were involved in a dispute over the reinsurer’s liability to reimburse a portion of a settlement that the insured had allocated to an excess liability policy subject to a contract of reinsurance. The insurer had issued three …

October 15, 2020 • Asbestos Case Tracker, Louisiana, Summary Judgment

Federal Workers’ Compensation Statute Preempts Plaintiff’s Negligence Claims; Shipyard Defendants Win Summary Judgment

U.S. District Court for the Eastern District of Louisiana, October 14, 2020 This case arises out of plaintiff William Hulin, Sr.’s exposure to asbestos when he worked as a ship fitter, laborer, and tacker for Avondale from January 1954 to May 1973. In July 2019, the plaintiff was diagnosed with lung cancer. He sued a number …

October 14, 2020 • Asbestos Case Tracker, Expert Challenges, State>Indiana

Control Manufacturer’s Motion to Exclude Plaintiffs’ Psychiatrist Denied After Daubert Hearing

U.S. District Court for the Northern District of Indiana, South Bend Division In the present action, defendant Johnson Controls, filed a motion to exclude a psychiatrist’s opinions about three plaintiffs’ mental health. By way of background, the plaintiffs retained Dr. Zachary Torry to evaluate whether those three plaintiffs suffered a psychiatric injury as a result …

October 12, 2020 • Asbestos Case Tracker, Insurance Coverage, New York

Judgment Modified, Declaration Vacated as Court Erred in Granting Motion for Partial Summary Judgment

Supreme Court of New York, Appellate Division, Fourth Department The plaintiffs, Carrier Corporation and Elliott Company, filed a declaratory judgment and breach of contract action, wherein they sought declarations of the rights and obligations of the parties under liability insurance policies issued by various insurers, including the Fireman’s Fund Insurance Company (defendant). Carrier Corporation and …

October 12, 2020 • Appeal, Asbestos Case Tracker, Verdict

Post-Trial Motions from Plaintiffs and Valve Defendant Denied Following 2019 Verdict

New York On April 25, 2019, as previously reported by the Asbestos Case Tracker, the Supreme Court of Erie County rendered a plaintiffs’ verdict, finding that decedent James Stock was exposed to asbestos by products made by the valve manufacturer, the defendant failed to exercise reasonable care by not providing warnings about the hazards of …