State

Category: State

November 13, 2015 • Asbestos Case Tracker, Case Decisions, Consolidation, Expert Challenges, Pleadings Challenge, Wisconsin

Plaintiff Allowed to Substitute and Limitedly Amend Complaint, Several Cases Consolidated Against 3M Among Court Rulings on Daubert Hearings and Expert Preclusion

In these federal court cases there were several motions brought forward, including a motion by the plaintiff to substitute the estate and file a third amended complaint following the death of the decedent, defendant 3M’s motion to preclude the plaintiff’s expert Dr. Arnold Brody, and defendant Weyerhaeuser’s Daubert motion regarding the plaintiff’s experts Frank M. …

November 12, 2015 • Asbestos Case Tracker, Case Decisions, Louisiana

Co-Defendant’s Bankruptcy Filing Did Not Result In A “Certain and Final Dismissal” For Purposes Of Removal Under Diversity Jurisdiction

The plaintiff and his wife commenced this action in Louisiana state court, alleging that his mesothelioma was caused by his exposure to several asbestos-containing products, including products supplied by various Louisiana companies. At the time of commencement, diversity jurisdiction did not exist and the action was therefore not removable to federal court. Several defendants settled, …

November 12, 2015 • Asbestos Case Tracker, Case Decisions, Wisconsin

Plaintiff Widow Allowed to Proceed on Claims Even Though Not Timely Substituted as Special Administrator of Husband’s Estate

The decedent died of mesothelioma and the plaintiff, his widow, proceeded on the claims that had been filed prior to his death; the plaintiff did not substitute herself as special administrator of his estate. Defendant Owens-Illinois filed a notice of death pursuant to federal rules, then filed a motion to dismiss pursuant to Federal Rule …

November 10, 2015 • Asbestos Case Tracker, Case Decisions, Statute of Limitations, Washington

Washington Appellate Court Applies New Case Law to Bar Wrongful Death Suits if Statute of Limitations Expires on Personal Injury Claim During Decedent’s Lifetime

In 2006, the plaintiff successfully sued two defendants for injuries related to the plaintiff’s workplace asbestos exposure. This judgment was vacated and remanded to federal district court, where it remained pending. The plaintiff passed away in 2012; two years later, his widow filed a wrongful death claim against new defendants. The defendants moved for summary …

November 9, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, North Carolina

Reliance of Dr. Eugene Mark on MSDS Sheets Not Enough to Overcome Court’s Exclusion of His Testimony Based on Daubert

The court excluded the testimony of the plaintiff’s expert, Dr. Eugene Mark, on the basis of Daubert. After this order, defendant Ford filed a motion for summary judgment and a motion to dismiss, and defendant Honeywell filed a motion to reconsider the court’s summary judgment order; both were made pursuant to the court’s order excluding …

November 4, 2015 • Asbestos Case Tracker, Case Decisions, Illinois, State, State>Illinois

Illinois Supreme Court Rules Workers’ Compensation Is Employees’ Exclusive Remedy for Asbestos Claims Against Employers, Even if Workers’ Compensation Claim is Time-Barred

The plaintiff was employed by Ferro Engineering for four years, and alleged that during this time he was exposed to products containing asbestos. Forty-one years after this employment he was diagnosed with mesothelioma, and sued Ferro under several theories including negligence. Ferro filed a motion to dismiss, arguing the plaintiff’s claims were barred by the …

November 3, 2015 • Asbestos Case Tracker, Bankruptcy Trusts, Case Decisions, Pennsylvania, Summary Judgment

Chunk of Rulings From MDL Allow Previously Dismissed Asbestos Claims to Proceed Even Though Not Listed As Assets In Bankruptcy

Six cases were decided in the United States District Court for the Eastern District of Pennsylvania; all started in the Northern District of Ohio, and were transferred to the MDL 875 in the Eastern District of Pennsylvania. In all six cases, the plaintiffs brought claims against various shipowners represented by Thompson Hine LLP, and all …

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 …

October 27, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, New Jersey, Pennsylvania

Federal Court Applies Laws of New Jersey and the Third Circuit in Allowing Experts to Testify Regarding General, Not Specific, Causation in Case Alleging Renal Cancer

The plaintiff alleged that he developed renal cancer from asbestos exposure while working at the Philadelphia Navy yard, the New York Shipbuilding yard, and various automotive and electric shops in New Jersey. In July 2013, this case was removed to the federal court in Pennsylvania as part of MDL-875. Defendant Ford moved to exclude the …

October 26, 2015 • Asbestos Case Tracker, Case Decisions, Pennsylvania, Summary Judgment

Years After Bankruptcy Case Closed, Reopening of Asbestos Claims by MDL Not Judicially Estopped Due to Failure to List Claims in Bankruptcy Petition

In 1997, the decedent’s claims for asbestos exposure against shipowners represented by Thompson Hine LLP were administratively dismissed, with the option of pursuing at a later date. In 1999, the decedent brought claims against various defendants, including the shipowners represented by Thompson Hine LLP. In 2001, the decedent received a separate cancer diagnosis that he …