State

Category: State

December 7, 2016 • Asbestos Case Tracker, Case Decisions, Illinois, State

GE Granted Dismissal on Personal Jurisdiction Grounds While Plaintiff’s Loss of Consortium Claim Remains Against Several Defendants

The plaintiff filed this complaint against multiple defendants asserting claims in negligence, willful and wanton misconduct, and loss of consortium for her decedent’s development of mesothelioma. The decedent was alleged to have been exposed to asbestos while serving in the U.S. Navy on board the USS Maryland from 1941-46. Three defendants moved to dismiss the … Continued

December 5, 2016 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

Take Home Mesothelioma Case Remanded After Plaintiff Adds Dismissed Defendant to Amended Complaint

Charleen Guedry brought this action against multiple defendants for her alleged development of mesothelioma as a result of exposure through her husband’s work clothes. Mr. Guedry worked at International Maintenance/Turner from 1983-2005. The plaintiffs moved to dismiss claims without prejudice against defendant Arnco on May 12, 2016. Co-defendant Brock indicated to the plaintiffs its intent … Continued

December 2, 2016 • Asbestos Case Tracker, Case Decisions, Federal Officer Removal, Louisiana, Remand/Removal

Affidavits Used in Other Cases Enough to Establish Removal Under Federal Officer Jurisdiction

The plaintiff brought a wrongful death lawsuit after her husband died of mesothelioma, alleging asbestos exposure during her husband’s service in the Navy. Originally filed in Madison County, Illinois, defendant Crane Co. removed on the basis of the federal officer removal statute. The plaintiff filed a motion to remand, arguing that Crane waived its right … Continued

December 2, 2016 • Asbestos Case Tracker, Case Decisions, Louisiana

Defendant Dismissed for Lack of Personal Jurisdiction

Plaintiffs Breck Williams and Tarsi Williams, the children of decedent Frank Williams, filed this suit in Louisiana state court on June 2, 2016, after Frank Williams contracted mesothelioma and died as a result of alleged asbestos exposure. The plaintiffs allege their father’s exposure was caused by, among other defendants, Fiat S.p.A. for the installation, use, … Continued

December 2, 2016 • Asbestos Case Tracker, California, Case Decisions, State

Duty Exists for Employers and Property Owners’ to Prevent Take-Home Exposure; Duty Extends Only to Workers’ Household

Two cases addressed whether employers or landowners owed a duty to prevent secondary exposure to asbestos. Trial and appellate courts reached varying conclusions on this issue; here, the California Supreme Court determined that while employers and premises owners had a duty to prevent asbestos exposure carried home on the bodies and clothing of on-site workers, … Continued

December 1, 2016 • Asbestos Case Tracker, Case Decisions, Georgia, Summary Judgment, Take-Home Exposure

No Duty To Warn Third Parties for Take-Home Exposures in Georgia

On November 30, 2016, the Georgia Supreme Court issued a ruling, that affirmed in part and reversed in part, a Georgia Court of Appeals decision, which was previously reported on in the ACT. For a brief background, the plaintiff, Marcella Fletcher originally filed suit against CertainTeed after being diagnosed with malignant pleural mesothelioma. Fletcher attributed … Continued

November 29, 2016 • Asbestos Case Tracker, Case Decisions, Maryland, Summary Judgment

Same Facts = Same Ruling? Nope! Baltimore Issues Grant and Denial of Summary Judgment In Two Groups of Smoking Lung Cancer Cases

Two opposing decisions were rendered by two different judges in two factually and legally similar groups of smoking lung cancer cases. In Harrell et al. and Boston et al., asbestos defendants filed nearly identical motions for summary judgment, arguing that the plaintiffs could not recover because (1) the plaintiffs knew the hazards of smoking and … Continued

November 29, 2016 • Asbestos Case Tracker, Case Decisions, Louisiana, Maritime/Admiralty Law

Plaintiffs’ Dismissal with Prejudice of Claims Against Defendant Rendered Third-Party Demand for Contribution Void

Third-party defendant Industrial Development Corporation of South Africa, Limited (IDC) filed a motion to dismiss defendant Cooper/T. Smith Stevedoring Company, Inc.’s (Cooper) third party complaint. The court granted IDC’s motion and remanded the case to state court. The plaintiffs filed suit on behalf of decedent Earl Lindsay, who died of lung cancer. The plaintiffs alleged … Continued

November 28, 2016 • Asbestos Case Tracker, California, Case Decisions, Summary Judgment

Granting of Summary Judgment to Asbestos Insulation Supplier Based on Government Contractor Defense Upheld on Appeal

In this case, the plaintiff, Gary Kase, claimed exposure to asbestos insulation used in Navy nuclear submarines during the 1970s. Defendant Metalclad Insulation Corp. provided the asbestos-containing insulation, Unibestos, to the U.S. Navy. Metaclad moved for and was granted summary judgment based on the government contractor defense. The plaintiff appealed. On appeal, the court thoroughly … Continued

November 23, 2016 • Asbestos Case Tracker, Case Decisions, Pennsylvania

Ford’s Denial of Nonsuit Affirmed; Improper Consolidation of Meso Cases Did Not Warrant New Trial

Richard and Joyce Rost filed this action against multiple defendants, including Ford Motor Company, alleging that Mr. Rost developed mesothelioma as a result of his work around asbestos products. The plaintiff worked at Smith Motors as “gofer” assisting mechanics with the removal of brake shoe linings 3-5 times per week after graduating from high school. … Continued