State

Category: State

October 23, 2015 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Boiler Manufacturer Denied Summary Judgment Based on Plaintiff’s Contradictory Testimony on Product ID

In this NYCAL case, the plaintiff, Mark Ricci, claims secondhand exposure to asbestos from his father’s work with boilers, including boilers manufactured by defendant Cleaver-Brooks. During the testimony of the plaintiff’s father, Aldo Ricci’s, he originally answered that he did not recall observing anyone working on a Cleaver-Brooks boiler. Later, during plaintiff’s counsel’s questioning, Aldo …

October 23, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, New York

Plaintiffs’ Motion for Leave to Amend Complaint to Delete Federal Question Neither Prejudicial Nor Futile Where Remaining Defendant’s Summary Judgment Motion Did Not Argue Federal Claims

The plaintiff was diagnosed with mesothelioma and filed suit against a sea of defendants in New York state court. After responding to interrogatories indicating that he was exposed to asbestos while in the Navy, Foster Wheeler timely removed this case to federal court based upon the federal government-contractor defense. When the only defendant remaining was …

October 23, 2015 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, Washington

Maritime Law Applied to Plaintiffs’ Claims and State Court Filing Retained Plaintiffs’ Right to a Jury Trial

In this federal court case, defendant Crane asserted that state law should apply to some aspects of plaintiffs’ claims, while the parties appeared to agree that maritime law applied generally to the matter. The court examined this case sua sponte on the issue of whether maritime or state law governed the remaining claims of the …

October 20, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Louisiana

Merchant Mariner Plaintiffs’ Allegations Focusing on Vessel Operation — Instead of Vessel Design — Prohibited Removal Under Federal Officer Removal Statute

This is a consolidated case in which various plaintiffs alleged asbestos exposure while working as merchant mariners aboard many different vessels and employers. Each plaintiff also served on at least one Navy ship. The plaintiffs sued their former employers in Louisiana state court under the Jones Act and general maritime law. The defendants removed to …

October 15, 2015 • Asbestos Case Tracker, Insurance Coverage, Pennsylvania

Court Applied Pennsylvania Law in Asbestos Coverage Case Based on Insured’s Residence

York Int’l Corp. v. Liberty Mut. Ins. Co., No. 1:10-CV-0692 (M.D. Pa. Oct. 13, 2015) This decision involves a dispute over whether Pennsylvania or New York law would apply to an insurer’s duty to defend and indemnify an insured for asbestos-related claims. Due to the passage of more than 50 years between the period covered …

October 13, 2015 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Wisconsin

Distinction Between Gloves and Mittens Crucial In Granting Defendant’s Summary Judgment

Plaintiff Janice Herr alleged that Richard Herr died of mesothelioma due to his use of Airco-distributed, asbestos-containing gloves/mittens. Herr was a sculptor and art instructor who used insulated mittens to handle heated molds. He also used raw asbestos to make molds for his sculptures. Airco never manufactured insulated gloves or mittens, but distributed welding gloves …

October 12, 2015 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Washington

Federal Court Grants Summary Judgment, Holding a Shipbuilder is a Service Provider, Not a Seller of a Product

The plaintiffs alleged that Glenn Hassebrock was exposed to asbestos while working as a union pipefitter at various shipyards. The defendant shipbuilding company moved for partial summary judgment, seeking dismissal of the products liability claims on the grounds that the company acted predominantly as a service provider, rather than a distributor of asbestos-containing products. The court …

October 12, 2015 • Asbestos Case Tracker, Significant Verdicts, Washington

Ford Gets Defense Verdict Since Plaintiff’s Expert Could Not Proximately Link Disease to Chrysotile Exposure in Light of Previous Amphibole Exposure

In this federal court case, it was alleged that the plaintiff, Gregory Cannard, was exposed to asbestos insulation while serving in the Navy from 1965 to 1967, and while working for Lomac Motors from 1975 to 1978, where he allegedly ground asbestos head gaskets from Ford Motor Co. (Ford). At the time of trial, Ford …

October 9, 2015 • Asbestos Case Tracker, Damages, New York, Significant Verdicts

After Supplier Defaulted Through Nonappearance, Court Awarded Damages In Unopposed Proceeding

An Erie County, New York court has issued a decision on damages in a default action where damages and liability were uncontested following a two-day bench trial in an asbestos case involving Joseph Muir, a 58-year-old man living with mesothelioma. Defendant Hedman Resources, Ltd. was the only remaining defendant. Hedman had been served with the …

October 9, 2015 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Valve Manufacturer Denied Summary Judgment on Bare Metal Defense

In this NYCAL case, it was alleged that the plaintiff, Mark Ricci, was exposed secondhand to asbestos from his father’s air conditioning and ventilation work. Aldo Ricci (Aldo), Mark Ricci’s father, testified that he was exposed to asbestos from working near others working on Crane Co. valves. Crane moved for summary judgment, arguing that the …