State

Category: State

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October 25, 2022 • Asbestos Case Tracker, Louisiana, Motions in Limine

Court Grants in Part and Defends in Part Defendants’ Omnibus Motion in Limine

United States District Court for the Eastern District of Louisiana, October 24, 2022 The plaintiffs brought this asbestos exposure case alleging decedent Callen Cortez contracted mesothelioma following extensive exposure throughout his career as well as secondhand exposure from his father and brothers. Defendants included asbestos-related manufacturers, premise owners, and employers. The defendants filed an omnibus … Continued

October 24, 2022 • Asbestos Case Tracker, Louisiana, Summary Judgment

Plaintiffs Granted Partial Summary Judgment Based on “Substantial Factor” Standard

United States District Court for the Middle District of Louisiana, October 21, 2022 The plaintiffs allege that Decedent Kirk Reulet was asbestos to asbestos throughout his 45-year career. The plaintiffs seek summary judgment on two issues: First whether Decedent developed mesothelioma prior to his death; and second, whether mesothelioma resulted in his death. In December … Continued

October 24, 2022 • Asbestos Case Tracker, Massachusetts, Summary Judgment

Gasket/Packing Manufacturer Fails Government Contractor Defense

United States District Court for the District of Massachusetts, October 21, 2022 In this case, the plaintiffs Arnold and Ruth Pritt allege that Arnold Pritt (“Plaintiff”) was exposed to asbestos while serving in the U.S. Navy in the 1960s. Among other products, the plaintiff alleges that he was exposed to asbestos from John Crane packing … Continued

October 21, 2022 • Asbestos Case Tracker, Insurance Coverage, Louisiana

Bankruptcy Stay Applies to Direct Actions against Insurers in “Limited Circumstances” where Numerous Asbestos Claims are Pending

U.S. District Court, Middle District of Louisiana, October 19, 2022 The plaintiffs brought a wrongful death and survival action for damages related to the death of their decedent in 2019. Decedent had a forty-five year career as a welder in the marine industry which was alleged to have resulted in his exposure to asbestos. The … Continued

October 20, 2022 • Asbestos Case Tracker, Louisiana, Summary Judgment

Partial Summary Judgment Granted, Rejecting Government Immunity Defense of Shipyard defendants

United States District Court for the Eastern District of Louisiana Plaintiff Linda Crossland alleged take-home exposure to asbestos from her husband’s clothing while he was employed at the Avondale Shipyards, where he was responsible for constructing and repairing vessels. Plaintiff sued numerous defendants, alleging they negligently failed to warn her husband about the dangers of … Continued

October 20, 2022 • Asbestos Case Tracker, California, Personal Jurisdiction, State, State>California

Brake Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

Superior Court of California, County of Los Angeles, October 6, 2022 In this asbestos action, Plaintiff George Sweikart alleged that his mesothelioma resulted from exposure to asbestos-containing products, including brakes and clutches from defendant Akebono Brake Industry Co., Ltd. (“Akebono”). Akebono, a Japanese company, filed a motion to dismiss for lack of personal jurisdiction, alleging … Continued

October 14, 2022 • Asbestos Case Tracker, Louisiana, Summary Judgment

Government Contractor Defense Inapplicable to Plaintiff’s Failure to Warn and Prevent the Spread of Asbestos Claims

United States District Court for the Eastern District of Louisiana, October 12, 2022 In this asbestos action, Plaintiff Ruby Lee Marie Falgout (“Plaintiff”) alleged take-home exposure from laundering her husband’s clothes while he worked around Hopeman employees cut and installed asbestos wall board at the Avondale Shipyards (“Avondale”). The plaintiff filed a motion for partial … Continued

October 12, 2022 • Asbestos Case Tracker, Joint and Several Liability, Jury Instructions, Oregon

Obsolete Statute Sufficient to Support Plaintiffs’ Victory

Court of Appeals of Oregon, October 5, 2022 Plaintiffs, Donald Miller and his wife Linda Miller (hereinafter “plaintiffs”), asserted claims of negligence, strict product liability, and loss of consortium based on Donald’s exposure to an asbestos-containing construction product sold by Kaiser Gypsum Company, Inc. (hereinafter “Kaiser”) in the 1960s. At the time of trial, Kaiser was … Continued

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October 12, 2022 • Asbestos Case Tracker, New York, Summary Judgment

Pump Manufacturer’s Motion for Summary Judgment on Replacement Parts Denied; Court Critical of Corporate Representative Affidavit

Supreme Court of the State of New York, New York County, October 11, 2022 In this asbestos action, the plaintiff Gloria Maryn alleged exposure to asbestos from laundering the clothes of her son, Victor Arana. Mr. Arana worked as a plumber’s apprentice for the New York Plumbers Association from 2000 to 2014. One product that … Continued

October 10, 2022 • Asbestos Case Tracker, New York, Summary Judgment

Automotive Defendant’s Motion for Summary Judgment Fails as Issues of Fact Remain on Causation and Punitive Damages

Supreme Court of New York, Erie County, October 6, 2022 In this asbestos action, Plaintiff Joseph Skrzynski alleged that he developed malignant mesothelioma as a result of occupational exposure to asbestos from brakes and clutches manufactured by Ford. Ford moved for summary judgment on several grounds. First, the court determined that Ford did not meet … Continued