State Archives

Category: State

November 23, 2015 • Case Decisions, New Jersey, Summary Judgment

State Claims Against Railroad Defendants Preempted by Federal Law, Even If Operator of Locomotives Not Subject to Federal Regulation

The decedent was diagnosed with mesothelioma and alleged take-home asbestos exposure from the work of her father with defendant Port Authority Transit Corporation (PATCO) and also alleged exposure from her father’s personal automotive work. The decedent’s father repaired and maintained air brake systems on PATCO’s locomotives. Railroad defendants (Delaware River Port Authority, Railroad Friction Products Corporation, … Continued

November 20, 2015 • Case Decisions, Summary Judgment, Virginia

Plaintiff’s Reliance on Precluded Expert Report Results in Dismissal of Action

The plaintiff brought this case alleging that his asbestosis and mesothelioma was caused by asbestos exposure during his employment with United States Navy. Several defendants were dismissed from the action, leaving electrical component manufacturer, Westinghouse as the sole remaining defendant, against whom plaintiff claimed exposure to asbestos from arc chutes contained in Westinghouse electrical products. … Continued

November 20, 2015 • Case Decisions, Motions in Limine, New York

NYCAL Court Grants Spoliation Motion Against Pipe Manufacturer for Lost and Destroyed Company Documents

In this NYCAL case, it was alleged that the decedent was exposed to asbestos from work he and others in his vicinity performed with Johns Manville (JM) transite pipe. The plaintiff moved for a spoliation charge, alleging that in 1990 JM was grossly negligent in the disappearance of more than 10 banker boxes of business … Continued

November 19, 2015 • Case Decisions, Kentucky, Summary Judgment

Four Summary Judgments Granted Because Equipment Manufacturers Not Responsible for Asbestos Contained in Equipment Made by Another Manufacturer

The plaintiffs sued various defendants for negligence, strict liability, and loss of consortium after the plaintiff developed mesothelioma; his widow continued the suit after he passed. The case was removed to federal court based on 28 U.S.C. Section 1442, the federal officer statute. The remaining defendants – Georgia Pacific, IMO Industries, Crane Company, John Crane, … Continued

November 13, 2015 • Case Decisions, New York

Boiler Manufacturer Ordered to Disclose All Documents Referencing Asbestos or Asbestos-Containing Materials

In this NYCAL case, a June 23, 2014 order denied defendant Cleaver-Brooks’ motion to vacate a November 9, 2013 order of the Special Master directing the production of “all its commercial files, all other relevant documents and records, and its index card database.” The order also denied Cleaver-Brook’s application for a confidentiality order and cost … Continued

November 13, 2015 • Case Decisions, Consolidation, Expert Challenges, Pleadings Challenge, Wisconsin

Plaintiff Allowed to Substitute and Limitedly Amend Complaint, Several Cases Consolidated Against 3M Among Court Rulings on Daubert Hearings and Expert Preclusion

In these federal court cases there were several motions brought forward, including a motion by the plaintiff to substitute the estate and file a third amended complaint following the death of the decedent, defendant 3M’s motion to preclude the plaintiff’s expert Dr. Arnold Brody, and defendant Weyerhaeuser’s Daubert motion regarding the plaintiff’s experts Frank M. … Continued

November 12, 2015 • Case Decisions, Louisiana

Co-Defendant’s Bankruptcy Filing Did Not Result In A “Certain and Final Dismissal” For Purposes Of Removal Under Diversity Jurisdiction

The plaintiff and his wife commenced this action in Louisiana state court, alleging that his mesothelioma was caused by his exposure to several asbestos-containing products, including products supplied by various Louisiana companies. At the time of commencement, diversity jurisdiction did not exist and the action was therefore not removable to federal court. Several defendants settled, … Continued

November 12, 2015 • Case Decisions, Wisconsin

Plaintiff Widow Allowed to Proceed on Claims Even Though Not Timely Substituted as Special Administrator of Husband’s Estate

The decedent died of mesothelioma and the plaintiff, his widow, proceeded on the claims that had been filed prior to his death; the plaintiff did not substitute herself as special administrator of his estate. Defendant Owens-Illinois filed a notice of death pursuant to federal rules, then filed a motion to dismiss pursuant to Federal Rule … Continued

November 10, 2015 • Case Decisions, Statute of Limitations, Washington

Washington Appellate Court Applies New Case Law to Bar Wrongful Death Suits if Statute of Limitations Expires on Personal Injury Claim During Decedent’s Lifetime

In 2006, the plaintiff successfully sued two defendants for injuries related to the plaintiff’s workplace asbestos exposure. This judgment was vacated and remanded to federal district court, where it remained pending. The plaintiff passed away in 2012; two years later, his widow filed a wrongful death claim against new defendants. The defendants moved for summary … Continued

November 9, 2015 • Case Decisions, Expert Challenges, North Carolina

Reliance of Dr. Eugene Mark on MSDS Sheets Not Enough to Overcome Court’s Exclusion of His Testimony Based on Daubert

The court excluded the testimony of the plaintiff’s expert, Dr. Eugene Mark, on the basis of Daubert. After this order, defendant Ford filed a motion for summary judgment and a motion to dismiss, and defendant Honeywell filed a motion to reconsider the court’s summary judgment order; both were made pursuant to the court’s order excluding … Continued