Connecticut Archives

Category: Connecticut

March 3, 2017 • Case Decisions, Connecticut, Insurance Coverage

Connecticut Appeals Court Adopts Continuous Trigger and Unavailability Rule of Insurance Allocation

R.T. Vanderbilt Company, Inc., which formerly manufactured and sold industrial talc that purportedly contained asbestos, brought this action seeking, inter alia, a declaratory judgment to determine its rights and obligations, and those of approximately thirty defendant insurance companies, as to the costs of defending and indemnifying the plaintiff in thousands of underlying lawsuits brought against … Continued

February 6, 2017 • Case Decisions, Connecticut, Summary Judgment, Take-Home Exposure

Summary Judgment Granted to Asbestos Paper Products Manufacturer in Take-Home Exposure Case Based on No Duty to Warn

Plaintiff Dorothy Ramsey, through her estate, alleged that the defendant Georgia Southern University Advanced Development Center (Herty) negligently failed to warn her of the risks of take-home exposure to Herty’s asbestos paper products used at her husband’s work from 1976-80. She alleged this exposure caused her to develop lung cancer. The defendant moved for summary … Continued

August 22, 2016 • Case Decisions, Connecticut, Summary Judgment

Summary Judgment for Crane Manufacturer Based on Affidavit of Company Vice President

Plaintif Katherine Filosi, individually and as executor of the estate of Donald Filosi, filed a complaint against multiple defendants, including American Crane & Equipment Corporation (ACECO). The plaintiff alleged that the decedent Donald Filosi was exposed to asbestos while employed by Boat Corporation (Electric Boat) as a rigger from 1961 to 1998 and, as a … Continued

August 1, 2016 • Case Decisions, Connecticut, Summary Judgment

Summary Judgment Recommended Where Plaintiff Fails to Establish Substantial Factor Causation Against Multiple Defendants

Plaintiff Mark Hillyer sued multiple defendants, alleging that he developed mesothelioma as a result of exposure to asbestos-containing products while serving in the Navy from 1967 to 1997. His claims were based in negligence, strict liability and loss of consortium. In discovery, the plaintiff was deposed on two occasions but did not produce any other … Continued

June 14, 2016 • Case Decisions, Connecticut, Remand/Removal

Magistrate Judge Recommends Remand to State Court; Removal was Timely, but Defendant Failed to Establish Two of Four Elements of Federal Officer Statute

The plaintiffs filed this personal injury suit in Delaware after the plaintiff Donnie Wines was diagnosed with mesothelioma. Both plaintiffs died before the suit was completed, and their personal representative was substituted. Defendant Rockwell Automation Inc. removed to federal court. The plaintiff filed a motion to remand, arguing: (1) that the notice of removal was … Continued

June 1, 2016 • Case Decisions, Connecticut

Court Dismisses Cross-Claims for Lack of Ripeness Since There Was No Judgment Against Ford Defendants

The plaintiffs filed suit against multiple defendants for violation of the Connecticut Product Liability Act, loss of consortium, fraud and premises liability, alleging that the plaintiff Kenneth Reed contracted mesothelioma as a result of direct and secondary exposure to asbestos. After the plaintiffs settled with or dismissed sixty-three of the defendants, the complaint was amended … Continued

May 23, 2016 • Case Decisions, Connecticut

Applying Connecticut Law, Court Finds Existence of Duty in Asbestos Claim Against Sporting Goods Properties, Inc.

Surviving spouse and personal representative of the decedent filed a three-count complaint against multiple defendants, alleging failure to warn, loss of consortium, and conspiracy due to damages from alleged asbestos exposure. Defendant Sporting Goods Properties, Inc. filed a motion to strike all three counts for failure to state a claim, which plaintiff opposed. The court … Continued

May 6, 2016 • Case Decisions, Connecticut, Pleadings Challenge, Punitive Damages

U.S. District Court of Connecticut Denies Motion to Dismiss Punitive Damages Count Based on Sufficiency of Pleading

In this case pending in the U.S. District Court for the District of Connecticut, the plaintiffs’ third count of their complaint alleges reckless conduct by the defendants and seeks punitive damages. Defendant Aurora Pump Company moved to dismiss this count, arguing that the plaintiff failed to assert specific allegations of recklessness. The court noted, however, … Continued

October 5, 2015 • Case Decisions, Connecticut, Maritime/Admiralty Law

Court Applies Admiralty Jurisdiction to Grant Defendant’s Motion to Dismiss for Lack of Subject Matter Jurisdiction

The plaintiff brought a claim under the Federal Tort Claims Act (FTCA) alleging asbestos exposure while a crew member on two tugboats the Navy leased to his employer, General Dynamics Corporation. The plaintiff also brought a products liability claim under Connecticut law, and his wife brought a loss of consortium claim. The defendant moved to … Continued

September 4, 2015 • Case Decisions, Connecticut, Summary Judgment

Connecticut Appellate Court Affirms Dismissal of Asbestos Action for Failure to Prosecute the Action with Reasonable Diligence

The plaintiff’s decedent brought this personal injury action in August 2009, alleging that his mesothelioma was caused by exposure to asbestos from several defendants’ products. The plaintiff’s decedent died a few days after the commencement of this action and before any deposition testimony or product identification evidence was disclosed. The plaintiff was appointed as executrix … Continued