State Archives

Category: State

October 2, 2015 • Case Decisions, Delaware, Federal Officer Jurisdiction

Court Denies Certification of Interlocutory Appeals on Personal Jurisdictional Grounds in Two Delaware Cases

In these two cases from Delaware, the defendants’ motions to dismiss based on personal jurisdiction were denied. Defendants subsequently sought certification of their interlocutory appeals pursuant to Del. Sup. Ct. 42. The court denied defendants’ applications in both cases, pointing to the “substantial issue of material importance” prong of the Rule 42 requirements. The court … Continued

October 2, 2015 • Case Decisions, Maritime/Admiralty Law, New Jersey

Applying Maritime Law, Federal Court Grants Summary Judgment, Refusing to Speculate on Decedent’s Exposure to Pump Defendant’s Products While in the Navy

Plaintiff Josephine Fuoco, as executrix of the estate of Joseph Fuoco, alleged that Mr. Fuoco contracted mesothelioma while serving in the U.S. Navy as a machinists’ mate and as a construction worker. Defendant Warren Pumps moved for summary judgment, which the court granted. Warren did not dispute that its circulating pumps were on the USS … Continued

October 2, 2015 • Alabama, Case Decisions

Alabama Supreme Court Reverses Summary Judgment In Favor of Talc Defendant Based on Product Identification, Not Asbestos Content, of Talc

In this case, the Alabama Supreme Court reversed and remanded the order granting summary judgment to defendant Vanderbilt Minerals. The Supreme Court included a large summary of facts in its opinion. The decedent, Dansby W. Sanders, died from mesothelioma; prior to his passing, he sued numerous defendants alleging he was exposed to asbestos while working … Continued

October 2, 2015 • Legislative Updates, New Jersey

New Jersey Legislation Proposing to Change Statute of Limitations for Mesothelioma Cases

On September 24, 2015, legislation was introduced in New Jersey that would create new Statute of Limitations for civil actions for personal injury and wrongful death caused by mesothelioma. First, the bill would amend New Jersey statute § 2A:14-2, actions for injury caused by wrongful act, appointment of guardian ad litem. It would add a … Continued

September 30, 2015 • New York, Significant Verdicts

NYCAL Jury Returns $25 Million Verdict in Mesothelioma Case

A NYCAL jury returned a $25 million verdict in a living mesothelioma case in favor of a 64-year-old mechanic, who worked at a variety of dealerships and gas stations in Colorado and Virginia, among other places, over the years. Defendant Ammco was a manufacturer of brake grinders and was found liable on a failure to … Continued

September 30, 2015 • Alabama, Significant Verdicts

Federal Court Bench Trial Renders Verdict in Favor of Plaintiff in Take-Home Exposure Case and Awards Full Medical Expenses

In this federal court case, it was alleged that the decedent, Barbara Bobo, had secondary take-home exposure to asbestos from laundering her husband’s work clothes. Her husband worked at the Browns Ferry Nuclear Plant, operated by Tennessee Valley Authority (TVA) from 1975-1997. Following denial of TVA’s motion for summary judgment, the case went to bench … Continued

September 29, 2015 • Case Decisions, Illinois

Defendant Establishes Colorable Defense Under Federal Law, Plaintiff’s Motion to Remand Denied

The plaintiff filed this action in Madison County, Illinois, alleging injury due to asbestos exposure. The defendants, CBS and General Electric, removed the action to federal court under federal officer removal statute 28 U.S.C. 1442. The plaintiff filed a motion to remand, which the court denied. The court cited the United States Supreme Court in … Continued

September 25, 2015 • Case Decisions, Illinois, Maritime/Admiralty Law

Applying Maritime Law, Defendants’ Summary Judgment Motions Denied in Case Alleging U.S. Navy Exposure

The plaintiff alleged he developed severe asbestosis as a result of inhaling asbestos while serving in the United States Navy. Three defendants — John Crane, General Electric, and Ingersoll-Rand — moved for summary judgment. In deciding the motion, the court determined whether maritime or Illinois law applied. A plaintiff’s exposure in a products liability claim … Continued

September 24, 2015 • Case Decisions, Expert Challenges, Maryland, Missouri

Missouri Court, Applying Maryland Law, Upholds $4 Million Verdict, Rejecting Arguments on Expert Challenges, Offsets, and Defective Damages Verdict

In this case, the plaintiff worked as a steamfitter between 1958 and 1983 at a variety of industrial and commercial sites. Of the original 57 defendants, only valve manufacturer Nibco, Inc. went to trial, which resulted in a $4 million plaintiff’s verdict with the trial court applying Maryland law. On appeal, Nibco raised four issues: … Continued

September 24, 2015 • Case Decisions, Expert Challenges, New York

Brake Defendant’s Motion to Preclude Causation Expert Under Daubert Denied

The plaintiff commenced this wrongful death action alleging that the decedent developed mesothelioma caused by prolonged exposure to brake dust from brake pads manufactured by Bendix while working as a part-time bookkeeper at an auto repair shop from 1984-1990. Defendant moved in limine to preclude testimony from the plaintiff’s expert, Dr. Jill Ohar, with respect … Continued