State

Category: State

July 28, 2016 • Asbestos Case Tracker, Asbestos Litigation Analysis, Maryland, Summary Judgment

Federal Court Grants Summary Judgment to Defendants for Plaintiffs’ Failure to Establish Substantial Factor but Denies It as to Joint Compound and Outside Contractor Defendants

Plaintiffs Charles Arbogast and Barbara Arbogast brought this action against multiple defendants for Mr. Arbogast’s alleged development of mesothelioma as a result of his occupational exposure at Bethlehem Steel Sparrows Point Steel Mill, amongst other sites. Several defendants moved for summary judgment, including Eaton Corporation (Cutler Hammer), Foster Wheeler, MCIC, Georgia Pacific (GP), Schneider Electric … Continued

July 26, 2016 • Asbestos Case Tracker, Asbestos Litigation Analysis, Case Decisions, Discovery, New York

Argument That Plaintiff’s Counsel Misrepresented Return of Privileged Memo Unavailing; Defendant’s Own Actions Waived Privilege

Defendant J-M Manufacturing Company, Inc. moved to vacate the Recommendation of the Special Master finding that J-M waived privilege. In so doing, the defendant argued the Special Master erroneously applied New York law instead of California law in determining that the defendant waived the attorney-client privilege attached to the redacted and unredacted versions of a … Continued

July 25, 2016 • Asbestos Case Tracker, Asbestos Litigation Analysis, Case Decisions, Insurance Coverage, New Jersey

No Liability Coverage Allocation for Manufacturers Who Continued Making Products with Asbestos After 1987

A New Jersey appellate court held that policyholders who continued to manufacture products containing asbestos after 1987 — when coverage for injuries arising from such products was no longer available — need not shoulder any portion of liability for injuries related to asbestos exposure from their products, so long as any portion of such … Continued

July 22, 2016 • Asbestos Case Tracker, Case Decisions, Illinois, Statute of Repose, Summary Judgment

Insulation Found to be Integral to Turbine as Court Grants Renewed Motion for Summary Judgment Based on Statute of Repose

The plaintiff brought this action against defendants, including Westinghouse, for Earl Norberg, her decedent’s, alleged development of lung cancer as a result of his work around asbestos containing products while working at the Joliet and Romeoville Power stations. The plaintiff’s fact witness was Mr. Norberg’s brother, Howard, who recalled that he and the plaintiff worked … Continued

July 21, 2016 • Asbestos Case Tracker, California, Case Decisions, Damages, Punitive Damages, Verdict Reduction

Court Issues Significant Verdict Reduction Based in Part on Jury Error of Finding Intentional Misrepresentation and Fraudulent Concealment

In a case previously reported on in ACT, a California jury found for the plaintiffs, Louis Tyler and Elizabeth Tyler and against defendant American Optical Corporation (AOC), the lone defendant remaining at trial, with an award of $22.8 million. This award consisted of $1.8 million in economic damages (medical expenses, lost income, household services, etc.) … Continued

July 18, 2016 • Asbestos Case Tracker, Case Decisions, Kentucky, State

Kentucky Appellate Court Affirms Trial Court Finding of Plaintiff’s Failure to Establish Causation to Brake Defendants

The plaintiff Hershel Mannahan brought an action against the defendants for his alleged development of mesothelioma as a result of his work as a laborer, driller, oiler, truck driver, mechanic, and welder for Peabody Coal Mannahan worked as a welder for Peabody at the Vogue Mine from March 1974 to February 1977 and at Riverview … Continued

July 18, 2016 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

U.S. District Court Applies Foreign State Removal and Denies Plaintiff’s Motion for Remand

The plaintiff brought an action against multiple defendants for his alleged occupational exposure to lung cancer while working as a longshoreman for different stevedoring companies from 1954-1979. Included with the numerous defendants was Industrial Development Corporation of South Africa, Ltd. (IDC) and South African Marine. The plaintiff’s claims included negligence, strict liability, intentional tort, and … Continued

July 15, 2016 • Asbestos Case Tracker, Bare Metal/Component Parts, Case Decisions, Delaware, Summary Judgment

Various Manufacturers Granted Summary Judgment Under Mississippi Law, Including Acceptance of Bare Metal Defense

The plaintiff, Robert Lee Winhauer, commenced this action alleging asbestos exposure from his personal work on his automobiles from the 1940s through the 1990s, from his work at the Ingalls Shipyard in Pascagoula, Mississippi from 1965 to 1976 and while working at Courtaulds North America Rayon Staple Plant in Le Moyne, Alabama from 1977 to … Continued

July 15, 2016 • Asbestos Case Tracker, Case Decisions, Indiana, Remand/Removal

Indiana Found to be Proper Venue in Federal Court Case that was Previously Transferred Based on Convenience and in the Interest of Justice

In this federal court case, the plaintiff, Clovis Aresnault, commenced an action in the Northern District of Indiana alleging exposure to asbestos while working in steel mills in Illinois and at a plant located both in Illinois and the Northern District of Indiana. The case was transferred to the Eastern District of Pennsylvania as part … Continued

July 12, 2016 • Asbestos Case Tracker, Florida, Motions in Limine, Other Asbestos News

Certainteed Obtains Spoliation Charge on Missing Pipe and Defense Verdict Following Two-and-a-Half Week Trial

On July 7, 2016 a Florida jury rendered a defense verdict on behalf of building products manufacturer Certainteed Corporation (“Certainteed”). In this case, it was alleged that the decedent was exposed to asbestos and developed mesothelioma from his work cutting couplings on Certainteed asbestos-containing irrigation pipe next to his family property for an approximate two-week period in … Continued