Real-Time Court Decisions and Other Developments in Asbestos Litigation.
In this federal court motion, Dr. Arthur Frank moved to quash the subpoena served on him by Honeywell International Inc. as a defendant in a pending Eastern District of North Carolina asbestos case, Yates v. Ford Motor Co., et al. Honeywell subpoenaed Dr. Frank, a prolific plaintiff’s expert in asbestos cases and a non-party to the …
In this mesothelioma case, the decedent worked for a vessel repair company and performed repair work on a vessel involving pipe insulation possibly containing asbestos. His estate sued the vessel owner under “both the Longshore & Harbor Workers’ Compensation Act, 33 United States Code section 905(b) (the Act, or section 905(b)) and state law.” The …
In this case, the plaintiffs claimed that the decedent was exposed to asbestos in connection with force draft blowers manufactured by Carrier Corporation and another defendant while in the Navy on board the USS Edson. The plaintiffs moved to remand after Carrier removed the case based on federal officer jurisdiction under 28 U.S.C. 1442(a)(1). In …
In this Maryland case, the plaintiff’s decedent was exposed to asbestos while aboard various Naval vessels. He claimed to have walked by outside contractors installing bulkhead Marinite panels and insulation while heading to and from the engine rooms. Defendant Hopeman moved for summary judgment based on product identification grounds. Applying Maryland law, the court denied …
In this case, the plaintiff filed the lawsuit in United States District Court for the Middle District of Tennessee, Nashville Division, based on his residence. Seven of the defendants moved to dismiss for lack of personal jurisdiction, which caused the plaintiff to move for a transfer of venue to Louisiana. The court found that Louisiana had …
It is alleged in this NYCAL case that the decedent, Russell Gonzales, was exposed to asbestos products, including insulation on valves manufactured by Crane Co., in the 1970s at various sites throughout New York City. The decedent died prior to testifying, but his co-worker, Joseph Zgombic testified that he and the decedent were responsible for insulating …
In one case, the plaintiff claimed that the decedent was exposed to asbestos while working on Cummins engines in the Navy and Coast Guard. Defendant Cummins moved for summary judgment, arguing that the engines were 17 years old and were overhauled at least once. There was no proof the gasket materials were original to the …
In this federal court case, the plaintiff alleged exposure to various products while working at various worksites as a machinist, pipefitter, and electrician during the 1950s, 1960s, and 1970s. Several defendants removed the case based on the federal officer removal statute 28 U.S.C. 1442(a)(1) alleging that the federal court had jurisdiction because there is a …
In this federal court case, the decedent, Wayne Perkins, alleges exposure to various asbestos products while working as a merchant mariner between 1952 and 1973. Defendant Honeywell International Inc., successor-in-interest to Bendix Corporation, moved for summary judgment, arguing there is no evidence of the decedent being exposed to asbestos from a product manufactured by it …
In this case, the plaintiffs timely disclosed the expert report of Dr. Samuel Hammar in accordance with the case scheduling order. Subsequently, Dr. Hammar was unable to provide trial testimony due to health issues and the plaintiffs sought to replace Dr. Hammar’s report with reports from either Dr. Kraus or Dr. Kradin. The defendants did …