California Archives

Category: California

December 1, 2021 • Appeal, California

Jury Verdict Overturned: “Mere Possibility” of Exposure to a Product Insufficient to Meet Plaintiff’s Burden

Court of Appeal of California, First Appellate District, Division One, November 30, 2021 The plaintiff, Amos Webb, was diagnosed with mesothelioma in 2018, and filed suit againstnumerous defendants, including General Cable Corporation, alleging that he was exposed to asbestos while working as an electrician for various employers throughout his career. Specifically, during his discovery deposition, … Continued

November 2, 2021 • California, Personal Jurisdiction

Court Finds Plaintiff’s Affidavit Establishes Specific Jurisdiction

U.S. District Court for the Central District of California, September 9, 2021 Plaintiff Dennis A. Rockwell filed an asbestos action alleging he was exposed to asbestos from his work on two U.S. Navy ships and during his employment at Camp Pendleton, located in California.He alleged that such asbestos exposure ultimately resulted in his February 2021 … Continued

October 21, 2021 • California, Damages

$4.4 Million Verdict Affirmed in Asbestos Bowling Ball Trial

California Court of Appeal, Second District, Division 8 The decedent, Donald Vanni, and his brother co-owned and operated Arcata Bowl bowling alley in California from 1957 to 1986. During this time, one of the decedent’s duties was to drill custom-fit finger holes in asbestos-containing bowling balls sold by Arcata Bowl. A press release issued by … Continued

September 17, 2021 • California, Personal Jurisdiction

Defendant’s Motion to Dismiss Granted as Specific Jurisdiction Not Established

U.S. District Court for the Northern District of California In this asbestos action, plaintiff Frank Shelton alleged exposure to asbestos while serving in the U.S. Navy from the mid-1960s until the early 1970s. Defendant Superior Lidgerwood Mundy Corporation filed a motion to dismiss this matter, contending that the court did not have general or specific … Continued

September 14, 2021 • Appeal, California, Expert Challenges

Plaintiff Prevails on Defendant’s Expert Appeal; Court Affirms Seven-Figure Judgment

Court of Appeal of California, Second Appellate District, Division Eight, September 13, 2021 This matter was brought on behalf of decedent Donald Vanni in 2014, alleging two causes of action for negligence and strict product liability against defendant Honeywell International, Inc. among others. The plaintiff alleged that the decedent was exposed to asbestos from owning … Continued

September 8, 2021 • California, Remand/Removal

Remand Proper Without Evidence of Fraudulent Joinder

U.S. District Court for the Northern District of California, September 3, 2021 Plaintiff John Rathbun was diagnosed with terminal mesothelioma on July 8, 2020, and on December 22, 2020, he and his wife filed suit in state court, asserting claims for negligence, strict liability, negligent misrepresentation, fraud by nondisclosure, and loss of consortium. On April … Continued

September 7, 2021 • California, Summary Judgment

Grant of Summary Judgment to Contractor Reversed as Expert’s Declaration Was Not Given Appropriate Weight

Court of Appeal of California, First Appellate District, Division Five, September 2, 2021 In this asbestos action, decedent Michael Harris testified that he served as a hull maintenance technician on the U.S.S. San Jose from August 1973 until May 1974. During this time, he patrolled every part of the ship to check for fires and … Continued

July 12, 2021 • California, Summary Judgment

Summary Judgment in Favor of Oil Defendants Upheld Due to Lack of Control of Iranian Facilities

Court of Appeal of California, Second Appellate District, Division Seven, July 7, 2021 In this case, the plaintiffs brought wrongful death and survivor claims, alleging that their deceased father contracted mesothelioma through exposure to asbestos while he was an Iranian citizen working for the National Iranian Oil Company from the late 1950s to the late … Continued

July 2, 2021 • California, Personal Jurisdiction

Pump Manufacturer’s Motion to Dismiss Based on Personal Jurisdiction Denied

U.S. District Court for the Northern District of California, June 30, 2021 In this asbestos action, Christopher Sibley (the plaintiff) alleged asbestos exposure from his work as a Navy electrician in California. Defendant Viking Pump moved to dismiss due to a lack of personal jurisdiction. As per Rule 12(b)(2), a defendant can move to dismiss … Continued

June 25, 2021 • Appeal, California

Plaintiff’s Verdict Reversed as Trial Court Gave Erroneous Causation Instruction

Court of Appeal of California, Second Appellate District, Division One Defendant The Marley-Wylain Company successfully argued that Michigan law should apply in this California action as all of the plaintiff’s exposure to asbestos manufactured or supplied in connection with Weil-McLain boilers occurred in Michigan. Marley-Wylain was the only remaining defendant at trial, where the jury … Continued