Florida

Category: Florida

July 12, 2016 • Asbestos Case Tracker, Florida, Motions in Limine, Other Asbestos News

Certainteed Obtains Spoliation Charge on Missing Pipe and Defense Verdict Following Two-and-a-Half Week Trial

On July 7, 2016 a Florida jury rendered a defense verdict on behalf of building products manufacturer Certainteed Corporation (“Certainteed”). In this case, it was alleged that the decedent was exposed to asbestos and developed mesothelioma from his work cutting couplings on Certainteed asbestos-containing irrigation pipe next to his family property for an approximate two-week period in … Continued

June 23, 2016 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Florida, Motions in Limine

Federal Court Limits Plaintiff’s Expert, Dr. William Longo’s, Testimony

The plaintiff, Marsha K. Dugas, as Personal Representative of the Estate of Darryl S. Dugas, filed suit in the U.S. District Court for the Middle District of Florida, Jacksonville Division, alleging that Darryl Dugas developed mesothelioma from his exposure to asbestos during the late 1960s and early 1970s, while serving in the U.S. Navy and … Continued

May 19, 2016 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Florida

Case Remanded to State Court as Defendants Could Not Use the Federal Officer Removal Statute Where the Plaintiff Expressly Disclaimed Any Naval Asbestos Exposure

Plaintiff Richard Batchelor, a former employee of Florida Power & Light Company who was diagnosed with terminal mesothelioma after he was exposed to and inhaled asbestos fibers from asbestos-containing products manufactured, sold, supplied, distributed, or controlled, by the defendants, sued in the Circuit Court for the 11th Judicial District in and for Miami-Dade County Florida … Continued

May 12, 2016 • Asbestos Case Tracker, Case Decisions, Florida, State

District Court’s Denial of Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction Reversed Upon Reconsideration on the Basis of Lack of Specific Jurisdiction

The plaintiff, who developed mesothelioma as a result of exposure to asbestos products while working in Massachusetts between the 1940s and 1970s, sued the defendant Union Carbide and others in the U.S. District Court for the Southern District of Florida, where he later moved, seeking compensatory damages pursuant to causes of action for negligence, strict … Continued

April 11, 2016 • Asbestos Case Tracker, Case Decisions, Florida, Pleadings Challenge

Partial Motion to Dismiss of Talc Suppliers and Auto-Body Filler Granted Without Prejudice, Giving Plaintiff Time to Amend Claims of Concerted Acts and Intentional and Negligent Misrepresentation

This action was originally commenced by the plaintiff in the Southern District of New York and alleged that the decedent, Pedro Rosado-Rivera, was exposed to asbestos-containing auto-body filler while working in auto shops in New York (1959-1968), Puerto Rico (1968-1992) and then thereafter in Florida. The defendant BASF Catalysts LLC’s, joined by other defendants Superior … Continued

October 30, 2015 • Asbestos Case Tracker, Case Decisions, Florida, Verdict Reduction

$6.6 Million Verdict Reinstated by Florida’s Highest Court After Analysis of Arguments on Alternative Design, Causation, and Jury Instruction on Failure to Warn

In this case, the plaintiff, William Aubin, claimed he was exposed to asbestos from SG-210, an asbestos product used in items such as joint compound and texture sprays that was manufactured by Union Carbide Corporation. Following trial, a jury returned a verdict of $6.6 million finding Union Carbide was liable, in part, under the plaintiff’s … Continued

April 27, 2015 • Asbestos Case Tracker, Case Decisions, Florida, Summary Judgment

Federal Procedural Law Applied Over State Law in Summary Judgment Motions Brought by Manufacturers of Safety Mask and Aircraft Component Parts in Naval Exposure Case

In this federal court case that was removed from Florida state court, the plaintiff, Darryl Dugas, and his wife filed a second amended complaint alleging four causes of action regarding their claim that Mr. Dugas developed mesothelioma from his work as an aircraft structural mechanic with the U.S. Navy between 1967 and 1971. The four … Continued