State

Category: State

June 9, 2015 • Asbestos Case Tracker, Case Decisions, Statute of Repose, Summary Judgment, Wisconsin

Turbine Manufacturer’s Motion for Summary Judgment Denied on Statute of Repose; Gasket Manufacturer’s Motion Granted for Lack of Product ID

In this federal court case, the decedent, Charles Nuutinen, is alleged to have been exposed to asbestos while working as a pipefitter from 1959 through 1996 at various jobsites in Wisconsin, including the Point Beach Nuclear Power Station. The defendant, CBS, the entity responsible for turbine manufacturer Westinghouse Electric Corporation, moved for summary judgment on the … Continued

May 29, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Motions in Limine, North Carolina

Mixed Ruling on Brake Defendant’s Motion in Limine on Expert Testimony Regarding Corporate Conduct

In this federal court action, it is alleged that the plaintiff, Graham Yates, was exposed to asbestos brake products while working as a gas station attendant from 1956-1957, as a parts salesman and delivery driver for a Ford dealership in the 1960s, as a clerk in an automobile parts warehouse from 1961-1962, and from working … Continued

May 28, 2015 • Asbestos Case Tracker, Case Decisions, Louisiana, Summary Judgment

Several Automotive Parts Manufacturers and Tractor Manufacturer Granted Summary Judgment on Various Grounds

The plaintiffs in this federal court case alleged that the decedent, Douglas Hayes, died from mesothelioma as a result of his exposure to asbestos “while living on the family farm in the following ways: (1) secondary exposure from father’s clothing from birth to the late 1960s, (2) while working on three Case [CNH] tractors, (3) … Continued

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

Federal Court Remands Two Cases with Nexus to Naval Asbestos Exposure to State Court

In both of the following cases, the federal court remanded the actions back to state court. In the first action, the plaintiffs, the adult children of the decedent, alleged their father was exposed to asbestos while serving in the Navy as a boiler technician from 1960 to 1988. Several defendants moved to remove the case … Continued

May 19, 2015 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, Pennsylvania

Granting of Summary Judgment to Defendant Shipping Companies Overturned in Maritime Action, Based on Negligence Standard in Jones Act

In this case brought under the Jones Act, 46 U.S.C.A. 30104, the decedent, Earl Criswell, was allegedly exposed to asbestos during his time as a Merchant Marine aboard various defendants’ vessels. The appellees, Atlantic Richfield Company and Sunoco, Inc. were both granted summary judgment. The plaintiff appealed, arguing that the lower court failed to view the evidence … Continued

May 14, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Single Fiber, Cumulative Exposure, Wisconsin

In Wisconsin: Single Fiber Theory on Causation Held Scientifically Unreliable; Longo Precluded; Castleman Opinion Partially Precluded

In two asbestos cases, Owens Illinois, Inc. sought to exclude an opinion by the plaintiffs’ experts that “any exposure to asbestos, no matter how slight, remote or insignificant, is a cause or substantial contributing factor in causing Plaintiffs’ diseases.” The company also sought to exclude the testimony and testing of William Longo under FRE 702. The … Continued

May 11, 2015 • Asbestos Case Tracker, Case Decisions, Motions in Limine, North Carolina

In an Extensive Decision, Court Excludes Many Post-Exposure Pieces of Evidence Against Brake Defendants

The plaintiff commenced this action alleging exposure to asbestos as a brake mechanic at various locations, with his last claimed exposure to Ford brakes in 1960 and Bendix brakes in 1962. In a pretrial motion in limine, defendants Ford and Honeywell sought to exclude all different types of post-exposure evidence the plaintiff sought to introduce at trial. … Continued

April 29, 2015 • Asbestos Case Tracker, Case Decisions, Consolidation, New York

NYCAL Court Consolidates Nine Cases Into Three Groups Based on Malcolm Factors and Common Questions of Law and Fact

In this NYCAL case, the plaintiff brought a motion to consolidate nine asbestos actions for joint trial, claiming that there are common questions of law and fact. The court relied on the factors set forth in Malcolm v. National Gypsum Co., 995 F.2d 346, 350-351 (2d Cir. 1993): common worksite; similar occupation; similar time of exposure; … Continued

April 28, 2015 • Asbestos Case Tracker, Case Decisions, Statute of Repose, Wisconsin

Question of Fact Found Regarding if Asbestos Insulation Supplied by Company Was for Improvement of Real Property as Required Under Wisconsin Statute of Repose

In this case, the plaintiff, Robin Sorenson, filed strict product liability and negligence claims on behalf of herself and the estate of the decedent who worked as an insulator from 1955 to 1997 and died of lung cancer in 2009. One of the defendants, Building Services Industrial Sales, Inc. (BSIS), a supplier of asbestos insulation to … Continued

April 27, 2015 • Asbestos Case Tracker, Case Decisions, Florida, Summary Judgment

Federal Procedural Law Applied Over State Law in Summary Judgment Motions Brought by Manufacturers of Safety Mask and Aircraft Component Parts in Naval Exposure Case

In this federal court case that was removed from Florida state court, the plaintiff, Darryl Dugas, and his wife filed a second amended complaint alleging four causes of action regarding their claim that Mr. Dugas developed mesothelioma from his work as an aircraft structural mechanic with the U.S. Navy between 1967 and 1971. The four … Continued