California

Category: California

May 24, 2016 • Asbestos Case Tracker, California, Case Decisions, State, State>California

Special Electric’s Judgment Notwithstanding the Verdict Overturned on Appeal Despite Sale of Raw Asbestos Was to Sophisticated User Johns Manville

Plaintiff William Webb brought a claim against multiple defendants for his alleged development of mesothelioma as a result of his occupational exposure to crocidolite while working for Pyramid Pipe as a warehouseman and truck driver. A supplier of raw asbestos, defendant Special Electric, was found liable for failure to warn and negligence. Special Electric supplied …

April 14, 2016 • Asbestos Case Tracker, California, Case Decisions, State, State>California

Jury’s Finding of No Liability for Manufacturer’s Failure to Warn of Dangers of Exposure to Asbestos Reversed on Basis That Evidence was Insufficient to Support Verdict

The plaintiff filed a lawsuit in state court alleging that from 1968 to 1980, he was a salesman for Kaiser Refractories whose clientele was primarily large industrial facilities to which a quarter of what he sold was asbestos-containing insulation, including refractory material, or material used to insulate the interior metal surfaces of industrial boilers and …

March 30, 2016 • Asbestos Case Tracker, California, Case Decisions, Remand/Removal, State, State>California

U.S. District Court for Northern California Grants Plaintiff’s Motion to Remand Case Based on Untimely Diversity Jurisdiction Removal

The plaintiff brought an action for alleged development of mesothelioma as a result of asbestos exposure on April 15, 2014. After the plaintiff passed on July 7, 2015, his wife filed a second amended complaint, adding a wrongful death and survival claim on October 28, 2015. The defendant removed the case based on diversity jurisdiction …

March 7, 2016 • Asbestos Case Tracker, California, Case Decisions, Remand/Removal, State, State>California

Case Remanded to State Court to Hear Defendant’s Motion to Dismiss on Personal Jurisdiction as State Court Issues Predominate Case

In this case, the decedent Oscar Villanueva, is alleged to have been exposed to asbestos from various products while working at Glendale Auto Radio Stereo from 1969 to 1990. Defendant FCA US LLC removed the case to federal court since any judgment would have an impact on its bankruptcy estate. Defendant Dr. Ing. H.C.F. Porsche …

March 3, 2016 • Asbestos Case Tracker, California, Case Decisions, Remand/Removal, State, State>California

Plaintiff’s Motion to Remand Granted and Attorneys’ Fees Awarded to Plaintiff; Defendant’s Notice of Removal Both Substantively and Procedurally Improper

The plaintiff filed an action in California state court against various defendants after being diagnosed with malignant mesothelioma. Defendant O’Reilly Auto Enterprises removed to federal court after it was the only remaining defendant on the basis of diversity. The plaintiff filed a motion to remand and for attorneys’ fees. The court granted the plaintiff’s motion. …

February 26, 2016 • Asbestos Case Tracker, California, Case Decisions, Remand/Removal, State, State>California

Case Remanded to State Court Despite Defendant’s Claim Plaintiffs Acted in Bad Faith with Claims Against Non-Diverse Defendant

In this case, Asbestos Corporation, Ltd. (ACL) removed the action to federal court on the ground of diversity. The plaintiffs moved to remand, arguing that ACL removed the action past the one year deadline to do so. ACL responded that the missing of the deadline to remove is excused since the plaintiffs acted in bad …

February 16, 2016 • Asbestos Case Tracker, California, Case Decisions, Remand/Removal, State, State>California

Federal Court Remands Case to State Court Based on Plaintiff’s Waiver of Federal Claims Against Removing Defendant

On June 15, 2015, plaintiffs Charles Ford and Carol Ford filed an action in the Alameda County Superior Court alleging state law claims for Mr. Ford’s exposure to asbestos from numerous defendants. Defendant Foster Wheeler Energy removed the matter to federal court in November 2015 following Mr. Ford’s testimony that he worked aboard the USS …

December 23, 2015 • Asbestos Case Tracker, California, Case Decisions, State, State>California

Strict Product Liability Claim Reinstated Against Plastering Contractor for Construction Work on Building Complex in 1970s

In this case, the plaintiff, Joel Hernandezcueva, alleged he was exposed to asbestos while working as a janitor in the Fluor complex in the 1990s. It was alleged that defendant E.F. Brady was a subcontractor doing drywall and plastering work with asbestos-containing materials manufactured by Kaiser and Hamilton during the construction of the complex in …

October 29, 2015 • Asbestos Case Tracker, California, Case Decisions, State, State>California

California Appellate Court Examines Entire Record, Not Just Expert Testimony, To Affirm Denial of Motions for Judgment Notwithstanding the Verdict

The plaintiff in this case was diagnosed with mesothelioma and filed claims for negligence, strict liability, and loss of consortium against, among others, Union Carbide and Elementis Chemicals, as successor-in-interest of Harrison & Crosfield, Pacific, Inc., and certain related entities. The plaintiff submitted three theories of liability: strict liability (design defect under the consumer expectations …

September 18, 2015 • Asbestos Case Tracker, California, Case Decisions, State, State>California

Decedent’s At-Home Asbestos Exposure From Employer’s Products Does Not Bar the Application of California Workers’ Compensation Act

After working for defendant Ameron International for approximately 24 years, Lario Melendrez passed away from mesothelioma. The plaintiffs commenced a wrongful death action, alleging Mr. Melendrez was exposed to asbestos both during the manufacture of Ameron’s Bondstrand pipe products and in bringing scrap products home for use. Ameron moved for summary judgment, arguing that the …