State

Category: State

May 2, 2016 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Remand/Removal, West Virginia

Case Remanded Where GE Failed to Satisfy Requirements of Federal Officer Removal Due to Plaintiff’s Specific Disclaimer of No Naval Asbestos Exposure

In this case, the plaintiff claimed that he was exposed to asbestos and contracted mesothelioma from products allegedly manufactured, supplied, installed, and/or distributed by numerous defendants. The plaintiff asserted in the complaint that he served in the U.S. Navy from 1962–66 but provided the disclaimer that the “[p]laintiff was not exposed to asbestos and is … Continued

May 2, 2016 • Asbestos Case Tracker, California, Case Decisions, Summary Judgment

Summary Judgment Reversed on Appeal for Brake Shoe Grinder Manufacturer on the Basis of Foreseeable Hazard With Inevitable Use and Normal Operation of its Non-asbestos Containing Product

The plaintiff’s decedent, who developed breathing difficulties and lung damage as a result of asbestos exposure, filed a lawsuit in state court alleging that from approximately 1958-62, he was a mechanic who utilized brake shoe arcing machines (known as “grinders”) manufactured by the defendant for the purpose of grinding down/reshaping the friction material of brake … Continued

April 29, 2016 • Asbestos Case Tracker, Case Decisions, New York, Significant Verdicts, Verdict Reduction

New York Judge Vacates Award of Past and Future Pain and Suffering to Plaintiff Against Brake Grinder Manufacturer and Orders New Trial on Damages Unless Plaintiff Stipulates to Reduced Awards

The plaintiff, Walter Miller, filed suit against a number of defendants alleging that his mesothelioma was caused by exposure to asbestos through his use of a brake grinding machine manufactured by Ammco. At trial, the jury rendered a verdict in favor of the plaintiff and against the sole defendant remaining at trial, Hennessy Industries, Inc. … Continued

April 27, 2016 • Asbestos Case Tracker, California, Case Decisions, Summary Judgment

Boilermaker Contractor Granted Summary Judgment Over Past Employee as No Proof Existed of Exposure Outside of His Work Directly for Contractor

The plaintiffs filed a wrongful death and survival action claiming their decedent, Michael Walashek, developed mesothelioma from his work as a career boiler maker from 1967-86. The plaintiff’s social security records listed his employers FBS, Inc. and Camass Company, along with others. The case was removed to federal court and FBS, Inc. moved for summary … Continued

April 22, 2016 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Maryland, Remand/Removal

Defendant’s Failure to Warn Boilermaker Employees in the Shipyard Itself Prohibited Federal Contractor Defense

The decedent in this case died of mesothelioma and his representatives filed an action in state court. Defendant Foster Wheeler removed this case to federal court under the officer removal statute. The plaintiff moved to remand, which the court granted. The plaintiffs alleged exposure during the decedent’s work at Bethlehem Steel Sparrows Point Shipyard, while … Continued

April 22, 2016 • Asbestos Case Tracker, Case Decisions, Oregon

Product Identification of Pump or Internal Components Key to Inquiry Regarding Which Product Applied to Strict Product Liability Claims Under Oregon Law

The plaintiff alleged strict product liability, negligence, and loss of consortium against various defendants after her husband developed and died from mesothelioma. Defendant Warren Pumps was granted summary judgment, and plaintiff appealed. The court reversed and remanded. During his 20-year naval career, the decedent served on two aircraft carriers — the USS Boxer and the … Continued

April 14, 2016 • Asbestos Case Tracker, California, Case Decisions, State

Jury’s Finding of No Liability for Manufacturer’s Failure to Warn of Dangers of Exposure to Asbestos Reversed on Basis That Evidence was Insufficient to Support Verdict

The plaintiff filed a lawsuit in state court alleging that from 1968 to 1980, he was a salesman for Kaiser Refractories whose clientele was primarily large industrial facilities to which a quarter of what he sold was asbestos-containing insulation, including refractory material, or material used to insulate the interior metal surfaces of industrial boilers and … Continued

April 12, 2016 • Asbestos Case Tracker, Case Decisions, New Jersey, Summary Judgment

Federal Court Analyzes New Jersey State Law in Granting Unopposed Summary Judgment Motions of Six Defendants

In this federal court case, the plaintiff, James McCourt, alleged exposure to asbestos from serving in the Navy (1962-66), working as a pipefitter (1961-62 and 1966-68), home renovations (1952-60), automotive repair work (1959-98), and from the clothing of his father from products manufactured by various defendants. Six defendnats, Guard-Line, Inc., CertainTeed Corporation, Union Carbide Corporation, … Continued

April 12, 2016 • Asbestos Case Tracker, Legislative Updates, Utah

Utah Passes Asbestos Litigation Transparency Act

In an effort to halt asbestos fraud, Utah Governor Gary Herbert signed into law a bill to prevent plaintiffs’ lawyers from, on behalf of a single client, seeking money from multiple asbestos trusts while additionally bringing a lawsuit. As stated by Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, this law “will … Continued

April 11, 2016 • Asbestos Case Tracker, Case Decisions, Florida, Pleadings Challenge

Partial Motion to Dismiss of Talc Suppliers and Auto-Body Filler Granted Without Prejudice, Giving Plaintiff Time to Amend Claims of Concerted Acts and Intentional and Negligent Misrepresentation

This action was originally commenced by the plaintiff in the Southern District of New York and alleged that the decedent, Pedro Rosado-Rivera, was exposed to asbestos-containing auto-body filler while working in auto shops in New York (1959-1968), Puerto Rico (1968-1992) and then thereafter in Florida. The defendant BASF Catalysts LLC’s, joined by other defendants Superior … Continued