State Archives

Category: State

September 24, 2015 • Case Decisions, Missouri

Joint Compound Manufacturer’s Summary Judgment Overturned on Appeal Based on Issue of Fact of Plaintiff’s Contradictory Testimony

In this case, the plaintiff, David Bergstrom, claimed exposure to asbestos while working as a contractor installing drywall for various companies between 1962 and 2011. The trial court granted the defendant, joint compound manufacturer Welco, summary judgment based on the plaintiff’s testimony that he did not have any exposure to joint compound after 1979 and … Continued

September 22, 2015 • Case Decisions, Illinois, Motions in Limine

Defendants’ Motion in Limine To Exclude Expert Testimony on “Each and Every Exposure” Opinion Denied Based on Federal and Illinois Law

Various defendants filed a motion in limine to exclude the testimony of Matthew A. Vuskovich, M.D., M.S.P.H., arguing that he does not satisfy the requirements for expert testimony outlined in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993). Specifically, defendants sought to exclude his opinions based on the “every exposure” theory, because it … Continued

September 18, 2015 • Case Decisions, FELA, Pennsylvania

Release Agreement in Prior Claim Does Not Bar Future FELA Claim

Plaintiff Roger Lee Hindle was a railroad employee who developed lung cancer and brought a suit under the Federal Employers’ Liability Act (FELA), alleging that his exposure to asbestos caused him to develop the condition. The plaintiff had previously brought a claim against the same railroad defendants for hearing loss; in settling the previous claim, … Continued

September 18, 2015 • California, Case Decisions

Decedent’s At-Home Asbestos Exposure From Employer’s Products Does Not Bar the Application of California Workers’ Compensation Act

After working for defendant Ameron International for approximately 24 years, Lario Melendrez passed away from mesothelioma. The plaintiffs commenced a wrongful death action, alleging Mr. Melendrez was exposed to asbestos both during the manufacture of Ameron’s Bondstrand pipe products and in bringing scrap products home for use. Ameron moved for summary judgment, arguing that the … Continued

September 17, 2015 • Case Decisions, Kentucky, Summary Judgment

Granting of Summary Judgment to Radio Manufacturers Overturned Based on Circumstantial Evidence

In this case, the decedent, Kenneth Anderson, was allegedly exposed to asbestos while working as a radio and television repairman in the 1960s and 1970s. Prior to trial, radio manufacturers Zenith and Motorola moved for — and were granted — summary judgment, arguing that the plaintiff could not “provide evidence regarding what radios Anderson actually … Continued

September 11, 2015 • Case Decisions, Louisiana, Summary Judgment

Louisiana Federal Court Grants Three Defendants’ Summary Judgment Motions Due to Lack of Exposure

The plaintiff commenced this wrongful death mesothelioma case, alleging in part that his father was exposed to asbestos-containing products while in the U.S. Naval Reserve in the 1950s and 1960s. The defendants, GE, CBS, and Foster Wheeler, moved for summary judgment, arguing that the plaintiff’s evidence was insufficient to establish the decedent’s exposure to their … Continued

September 11, 2015 • Case Decisions, Wisconsin

Wisconsin Federal Court Refuses to Enforce Settlement and Ruled Defendant Waived Defenses of Standing, Mootness, and Issue Preclusion

The plaintiff sued the defendant, Owens-Illinois, for injuries caused to the decedent by asbestos exposure, which proceeded in multidistrict litigation for many years and was transferred back to the District Court of Wisconsin in 2014. A settlement agreement had apparently been reached, which the plaintiff’s estate representative claimed was not authorized. After the district court … Continued

September 4, 2015 • Case Decisions, Expert Challenges, Missouri, Summary Judgment

Court Provides Mixed Ruling in Applying Kansas Law and Granting Summary Judgment to One Defendant, but not the Other

In this case, the plaintiff, John New, alleged exposure to asbestos while working at various businesses in Kansas and Missouri. Defendants Hennessy Industries and Caterpillar Incorporated moved to apply Kansas law and for summary judgment. The court granted in part Hennessy’s motion and dismissed the plaintiff’s complaint. The court found that Kansas law “possesses the … Continued

September 4, 2015 • Case Decisions, Expert Challenges, Missouri

State of The Art Experts Drs. Markowitz and Rosner Found Qualified to Testify

In this case, the plaintiff, John New, alleged exposure to asbestos while working at various businesses in Kansas and Missouri. Defendant Caterpillar Incorporated moved to strike the expert state of the art testimony of historians Dr. Gerald Markowitz and Dr. David Rosner, arguing that “…(1) their testimony will not assist the jury in deciding any … Continued

September 4, 2015 • Case Decisions, Connecticut, Summary Judgment

Connecticut Appellate Court Affirms Dismissal of Asbestos Action for Failure to Prosecute the Action with Reasonable Diligence

The plaintiff’s decedent brought this personal injury action in August 2009, alleging that his mesothelioma was caused by exposure to asbestos from several defendants’ products. The plaintiff’s decedent died a few days after the commencement of this action and before any deposition testimony or product identification evidence was disclosed. The plaintiff was appointed as executrix … Continued