State

Category: State

July 16, 2021 • Asbestos Case Tracker, Insurance Coverage, Louisiana

Federal District Court for the Eastern District of Louisiana Grants Motion to Stay as to All Parties Where Insurer for Certain Defendants Declared Insolvent

U.S. District Court for the Eastern District of Louisiana, July 15, 2021 In an action by the plaintiff, former employee of a shipyard, for injuries related to asbestos inhalation and subsequent mesothelioma, the shipyard’s insurer moved to stay all proceedings due to the insurer’s being placed into liquidation in the Commonwealth Court of Pennsylvania as …

July 14, 2021 • Appeal, Asbestos Case Tracker, Summary Judgment, Texas

Summary Judgment Affirmed for Premises Defendant on Causation Grounds

Court of Appeals of Texas, First District, Houston, July 13, 2021 The plaintiff, Thelma Mullins, alleged that the decedent, Donald Mullins, was exposed to asbestos while working at ARCO’s petrochemical plant. The plaintiff claimed that the asbestos exposure caused the decedent to develop mesothelioma, which led to his death. The trial court granted a no-evidence …

July 13, 2021 • Asbestos Case Tracker, Louisiana, Summary Judgment

Pre-Discovery Motion for Summary Judgment Denied in Shipyard Case

U.S. District Court for the Eastern District of Louisiana, July 12, 2021 The plaintiffs alleged that the decedent, Raymond Hutchins, was exposed to asbestos while working aboard vessels owned by his employer, Lykes Bros. Steamship Company, from 1964 to 2006. Specifically, the plaintiffs alleged that Hutchins was exposed to asbestos from dockside repair work performed …

July 12, 2021 • Asbestos Case Tracker, Summary Judgment, Texas

Asbestos Snow Manufacturer Granted Partial Summary Judgment in its Successor-in-Interest Capacity

U.S. District Court for the Southern District of Texas, Houston Division The plaintiffs brought suit against Novelis Corporation, arguing that decedent Larry Petrie’s mesothelioma and death were caused by exposure to the defendant’s asbestos-containing product, Snow Drift, while decorating the family Christmas tree. The decedent and his family would throw the product on the tree, …

July 12, 2021 • Asbestos Case Tracker, New York, Remand/Removal

Removal by Laundry Equipment Manufacturer Untimely Based on Service of Plaintiffs’ Discovery Responses

U.S. District Court for the Southern District of New York, July 8, 2021 Plaintiffs Domenic and Carol Pezzo brought suit against numerous defendants, alleging that the defendants exposed Domenic to asbestos through the course of his employment in various private and public sector roles. On December 10, 2020, almost three months after the suit was …

July 9, 2021 • Appeal, Asbestos Case Tracker, Washington

$81.5 Million Verdict Reinstated Against Automotive Parts Distributor and Supplier

Supreme Court of Washington, July 8, 2021 The Asbestos Case Tracker previously reported on a significant verdict against Genuine Parts Company (GPC) and National Automotive Parts Association (NAPA) (Defendants). The defendants appealed the verdict and argued that the trial court erred on several grounds. The Court of Appeals reversed the verdict in part and set …

July 9, 2021 • Asbestos Case Tracker, Bare Metal/Component Parts, Pennsylvania, Summary Judgment

Turbine Defendants Obtain Summary Judgment Under the DeVries Bare Metal Defense Test

U.S. District Court for the Eastern District of Pennsylvania, July 7, 2021 The plaintiffs alleged that John DeVries was exposed to asbestos from insulation associated with steam turbines on the U.S.S. Turner. The Asbestos Case Tracker has continuously covered the DeVries matter’s journey to the United States Supreme Court, and has covered DeVries in a …

July 6, 2021 • Asbestos Case Tracker, Choice of Law, Delaware, State, State>Delaware

Iowa Law Found to Apply to Plaintiffs’ Mesothelioma Claim Based on Place of Injury Presumption

U.S. District Court for the District of Delaware, July 1, 2021 Plaintiffs Rickey Thorne and Barbara J. Thorne initiated this action in the U.S. District Court for the District of Delaware on the basis of diversity jurisdiction. The plaintiffs allege exposure to asbestos and products containing asbestos during the plaintiff’s service in the United States …

July 2, 2021 • Asbestos Case Tracker, California, Personal Jurisdiction, State, State>California

Pump Manufacturer’s Motion to Dismiss Based on Personal Jurisdiction Denied

U.S. District Court for the Northern District of California, June 30, 2021 In this asbestos action, Christopher Sibley (the plaintiff) alleged asbestos exposure from his work as a Navy electrician in California. Defendant Viking Pump moved to dismiss due to a lack of personal jurisdiction. As per Rule 12(b)(2), a defendant can move to dismiss …

June 30, 2021 • Asbestos Case Tracker, New Jersey, Personal Jurisdiction

Aircraft Manufacturer Granted Motion to Dismiss Due to Lack of Specific Personal Jurisdiction

U.S. District Court for the District of New Jersey, June 28, 2021 Paul Klick III (the plaintiff) was diagnosed with mesothelioma on or about July 17, 2020, after allegedly being exposed to asbestos while serving in the United States Air Force between 1967 and 1971. Among other things, the plaintiff alleged that he breathed the …