State

Category: State

January 8, 2016 • Asbestos Case Tracker, Case Decisions, Statute of Repose, Summary Judgment, Wisconsin

Work Performed by Insulation Contractor was Maintenance, Not Improvement, to Real Property; Wisconsin Statue of Repose Did Not Bar Asbestos Claims

In a follow-up decision from yesterday’s report regarding the summary judgment granted to Foster Wheeler, Sprinkmann Sons Corporation also moved for summary judgment. The Wisconsin federal court denied this motion. The decedent was a steamfitter; two co-workers testified regarding their work with the decedent at various industrial facilities. They overhauled turbines and tanks, and removed/installed insulation. …

January 7, 2016 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, New York

Previously Dismissed Federal Maritime Case Against Ship Owners on Personal Jurisdiction Grounds Subsequently Dismissed in NYCAL; Court Finds There Was No Tolling of Statute of Limitations

In this NYCAL decision, it was alleged that the decedent, Eugene Quinlan, was exposed to asbestos and developed lung cancer from his work as a career merchant mariner. The case was originally filed in 1997 in the Northern District of Ohio for a non-malignant asbestos disease. The decedent subsequently developed lung cancer and the case …

January 7, 2016 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Wisconsin

Wisconsin Federal Court Applies Statue of Repose in Granting Summary Judgment to Foster Wheeler after Multiple Lawsuits Filed by Same Plaintiff

The plaintiff was a steamfitter who filed a lawsuit against Foster Wheeler and others due to asbestosis developed after alleged asbestos exposure. After this case was transferred to MDL 875, the plaintiff was diagnosed with mesothelioma and filed a second suit, again naming Foster Wheeler. After the plaintiff died, his wife dismissed the second lawsuit; three years …

January 5, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Decedent’s Incomplete Testimony Found Sufficient to Overcome Summary Judgment as Pump Manufacturer Should Have Re-noticed His Deposition to Question Him Prior to His Death

In this NYCAL case, it is alleged that the decedent, Warren Taveniere, was exposed to asbestos while working aboard several vessels as a Merchant Marine for Moore McCormack Lines from 1953 to 1955. The plaintiff’s interrogatory responses included Aurora Pump Company and at his deposition, the decedent testified that he used asbestos-containing gaskets and packing …

December 31, 2015 • Asbestos Case Tracker, Case Decisions, FELA, Virginia

After Defendant Files Second Asbestos-Injury Claim, Federal Court Grants Defendant’s Motion to Dismiss Plaintiff CSX’s Declaratory Judgment Action for Lack of Jurisdiction

Plaintiff CSX Transportation asserted a claim for declaratory relief, after the defendant filed an injury claim for lung cancer, which he claimed was asbestos-related. The defendant had settled a claim against CSX for an asbestos-related injury in 2003, and under the 2003 settlement agreement, he allegedly released CSX from future claims involving asbestos and cancer. The …

December 28, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Louisiana

Case Against Crane Remanded to State Court Based on Lack of Evidence of the Exercise of Government Discretion Under the Federal Officer Removal Statute

In this case, the plaintiff alleged asbestos exposure from various sources, including from his time aboard Naval vessels during the Korean War. Defendant Crane removed the case to federal court pursuant to 28 U.S.C.1442(a)(1), the federal officer removal statute. The plaintiff moved to remand the case, arguing that Crane did not meet the standard to …

December 24, 2015 • Asbestos Case Tracker, Case Decisions, Statute of Repose, Summary Judgment, Wisconsin

Statute of Repose Doesn’t Apply in Reversal of Summary Judgment as Evidence Regarding Work Deemed Insufficient to Show an Improvement to Property

In this case, the plaintiff, Sandra Brezonick, alleged that the decedent, John Brezonick, was exposed to asbestos at various sites while working as a steamfitter in the Milwaukee area between 1966 and 2000. The plaintiff’s complaint alleged product liability, negligence and safe place statute claims under Wis. Stat. § 101.11 against numerous defendants. The defendants …

December 24, 2015 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, New Jersey, Summary Judgment

Turbine Manufacturer Entitled to Summary Judgment Under Both Maritime Law and New Jersey State Law

The plaintiff in this case, Samuel Feaster, alleged exposure to asbestos while employed at a shipyards in New Jersey and Pennsylvania. Defendant General Electric Company (GE) moved for summary judgment based on maritime law arguing that there was no evidence that the plaintiff was exposed to asbestos from a product manufactured or supplied by them. The …

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 …

December 22, 2015 • Asbestos Case Tracker, Case Decisions, New York

New York Federal Court Grants Auto Repair Parts Defendants’ Motion to Transfer Case to Florida Federal Court

In this federal case, the plaintiff brought an action against defendants BASF Catalysts LLC, Superior Materials, Inc. and Whittaker, Clark & Daniels, Inc. for the asbestos exposure and death of her husband, Pedro Rosado-Rivera. The plaintiff alleges that each defendant sold an asbestos-containing auto body repair filler that the decedent worked with at auto shops …