State

Category: State

October 12, 2020 • Asbestos Case Tracker, Insurance Coverage, New York

Judgment Modified, Declaration Vacated as Court Erred in Granting Motion for Partial Summary Judgment

Supreme Court of New York, Appellate Division, Fourth Department The plaintiffs, Carrier Corporation and Elliott Company, filed a declaratory judgment and breach of contract action, wherein they sought declarations of the rights and obligations of the parties under liability insurance policies issued by various insurers, including the Fireman’s Fund Insurance Company (defendant). Carrier Corporation and …

October 7, 2020 • Asbestos Case Tracker, Discovery, Trial, Washington

Motion to Exclude Testimony of Witnesses Denied; No Duty to Remind of Witnesses Existence

U.S. District Court for the Western District of Washington Defendant Auburn Technology Inc. filed a motion to exclude testimony of three witnesses who were shipmates of the plaintiff’s decedent. Several other defendants joined in on the motion. The defendants argued that the witnesses were not properly disclosed until the very end of discovery and should …

October 7, 2020 • Asbestos Case Tracker, Federal Officer Removal, Pennsylvania

Plaintiffs Successfully Disclaim Naval Exposure, Divesting Federal Court of Subject Matter Jurisdiction

U.S. District Court for the Western District of Pennsylvania, October 1, 2020 Plaintiffs David Martincic and Merl Williams alleged that Mr. Martincic was diagnosed with mesothelioma as a result of his exposure to asbestos brought home on the clothing, body, and person of several family members who worked at American Cyanamid in Bridgeville, Pennsylvania from …

October 2, 2020 • Asbestos Case Tracker, Louisiana

Plaintiff’s Motion for New Trial Granted as Jury Verdict Not Supported by Fair Interpretation of the Evidence

Court of Appeal of Louisiana, Fourth Circuit, September 23, 2020 By way of background, the plaintiffs argued that the court erred in entering a judgment following the trial in November 2018. Notably, the plaintiffs set forth that the jury’s verdict was based on inconsistent answers to interrogatories. In February 2019, the court denied the plaintiffs’ …

September 29, 2020 • Asbestos Case Tracker, Louisiana

Children’s Wrongful Death Claim Not Barred by Parents’ Settlement Release Agreement

U.S. District Court for the Eastern District of Louisiana, September 28, 2020 Plaintiffs Dorothy and CJ Mayfield filed an asbestos personal-injury lawsuit in Louisiana state court in April 2015, alleging Mr. Mayfield developed lung cancer as a result of his exposure to asbestos-containing products, including those manufactured by CertainTeed. Mr. and Mrs. Mayfield settled their …

September 24, 2020 • Asbestos Case Tracker, Louisiana, Motions in Limine

Various Rulings on Defendants’ Motions in Limine in Naval Shipyard Case

U.S. District Court for the Eastern District of Louisiana, September 21-23, 2020 In Asbestos Case Tracker’s third installment of the analysis of pre-trial motions in the Dempster v. Lamorak Insurance Co. matter, the U.S. District Court for the Eastern District of Louisiana has issued nine decisions on additional motions in limine filed by the defendants. By way of background, …

September 22, 2020 • Asbestos Case Tracker, Expert Challenges, Louisiana, Motions in Limine

Expert Challenges and Motions in Limine Decided in Federal Shipyard Case

U.S. District Court for the Eastern District of Louisiana, September 16, 2020 The U.S. District Court for the Eastern District of Louisiana has issued seven decisions on motions in limine filed by both plaintiffs and defendants in the Dempster v. Lamorak Insurance Co. matter, which has been closely followed by Asbestos Case Tracker. By way …

September 22, 2020 • Asbestos Case Tracker, Federal Officer Removal, Louisiana, Remand/Removal

Remand Denied as Defendants’ Notice of Removal Deemed Timely and Proper Under Federal Officer Statute

U.S. District Court for the Eastern District of Louisiana, September 18, 2020 In this asbestos matter, plaintiff James Becnel contends that he developed lung cancer as a result of his work aboard a Navy vessel while employed at Avondale. The initial complaint was filed in the Civil District Court for the Parish of Orleans on …

September 18, 2020 • Asbestos Case Tracker, Louisiana, Motions in Limine

Defendants Cannot Introduce Collateral Source Income at Trial

U.S. District Court, Eastern District of Louisiana, September 17, 2020 The instant matter has been extensively covered by the Asbestos Case Tracker blog. In addition to the myriad of other motions in limine filed, the plaintiffs filed a motion in limine to exclude questions or comments concerning collateral sources of income or payments. Multiple defendants opposed the motion. The defendants …

September 14, 2020 • Asbestos Case Tracker, Consolidation, New York

Motion to Consolidate Granted Joining Two NYCAL Cases Against Same Defendant

The plaintiffs in two asbestos product liability actions, represented by the same attorneys, moved to consolidate for purposes of a joint trial pursuant to CPLR § 602(a). Defendant Kaiser Gypsum Company, Inc. is the single remaining defendant in both actions. In NYCAL, the plaintiffs must show that joinder is appropriate pursuant to the Malcolm v. …