State

Category: State

April 12, 2016 • Asbestos Case Tracker, Case Decisions, New Jersey, Summary Judgment

Federal Court Analyzes New Jersey State Law in Granting Unopposed Summary Judgment Motions of Six Defendants

In this federal court case, the plaintiff, James McCourt, alleged exposure to asbestos from serving in the Navy (1962-66), working as a pipefitter (1961-62 and 1966-68), home renovations (1952-60), automotive repair work (1959-98), and from the clothing of his father from products manufactured by various defendants. Six defendnats, Guard-Line, Inc., CertainTeed Corporation, Union Carbide Corporation, …

April 12, 2016 • Asbestos Case Tracker, Legislative Updates, Utah

Utah Passes Asbestos Litigation Transparency Act

In an effort to halt asbestos fraud, Utah Governor Gary Herbert signed into law a bill to prevent plaintiffs’ lawyers from, on behalf of a single client, seeking money from multiple asbestos trusts while additionally bringing a lawsuit. As stated by Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, this law “will …

April 5, 2016 • Asbestos Case Tracker, Case Decisions, North Carolina, Punitive Damages, Summary Judgment

Punitive Damages Not Allowed Against Bendix; Memos Showed a Corporation Struggling With Evolving Science on Asbestos and Mesothelioma

The plaintiff alleged that her husband was exposed to asbestos from brakes, and as a result died from mesothelioma. She sued Honeywell International, as successor-in-interest to Bendix, alleging negligence, breach of implied warranty, fraud, failure to warn, and wrongful death, and asked for actual and punitive damages. Bendix moved for summary judgment on the breach …

April 4, 2016 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

U.S. District Court Exercises Supplemental Jurisdiction and Denies Plaintiff’s Motion to Remand

In this case, the plaintiff, Frank Williams, brought an action in the Civil District Court for the Parish of Orleans for exposure to asbestos while working as a mechanical engineer for Lockheed Martin. Lockheed Martin removed the case to on the basis of a potential federal defense. The plaintiff filed a motion to remand, but …

April 1, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Summary Judgment Overturned on Statute of Limitation Argument as No Proof Offered Linking Past Disease With Mesothelioma Diagnosis

In this take-home exposure case, the plaintiff was diagnosed with malignant epithelial mesothelioma (MEM) on or about August 5, 2010 and commenced her case against various defendants on November 5, 2012. After joinder of issue and discovery, several defendants moved for, and were granted, summary judgment, arguing that the plaintiff’s action was time-barred pursuant to …

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 29, 2016 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Maritime/Admiralty Law, Motions in Limine, New York, Summary Judgment

Regardless of Whether New York or Maritime Law Applied, Government Contractor and Bare Metal Defenses Insufficient to Grant Summary Judgment to Foster Wheeler

The plaintiff alleged the decedent was exposed to asbestos while serving in the Navy from 1947-52, and while on board the USS Charles H. Roan. Defendants Foster Wheeler and General Electric removed to federal court pursuant to the federal officer statute. Foster Wheeler moved for summary judgment based on: (1) the government contractor defense; (2) …

March 25, 2016 • Asbestos Case Tracker, Case Decisions, Consolidation, New York

Plaintiff’s Motion to Consolidate Numerous NYCAL Cases into Six Trial Groups Granted

The plaintiff moved to consolidate numerous cases into six trial groups pursuant to CPLR 602(a) on the grounds that there are common issues of law and fact. Several defendants opposed the consolidation, arguing, among other things, that they are prejudiced by joint trials, which violate their due process and equal protection rights. They also argued …

March 23, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Even Applying Relaxed Product Identification Standards of New York Law, Plaintiff Fails to Establish Exposure to Five of Six Defendants Moving for Summary Judgment

The decedent, a lifetime electrician, passed away in 2014 of lung cancer. Prior to passing, he filed a lawsuit for asbestos exposure against numerous manufacturers. Six defendants filed motions for summary judgment arguing lack of exposure — Rockwell Automation (Allen-Bradley); BW/IP International (Byron Jackson); Air & Liquid Systems (Buffalo); Gardner Denver; Schneider Electric (Square D); …

March 17, 2016 • Asbestos Case Tracker, Case Decisions, Consolidation, New York

Plaintiffs’ Motion for Joint Trial Denied Since Individual Issues Between Plaintiffs Predominated Over Any Common Questions of Law and Fact

The plaintiffs, who had the same attorneys, commenced personal injuries actions in Nassau County Supreme Court, alleging personal injuries as a result of exposures to asbestos. In support of the motion, it was noted that each plaintiff was still alive and suffering from lung cancer, were exposed to the same or similar materials during a …