State

Category: State

May 19, 2020 • Asbestos Case Tracker, Louisiana, Pleadings Challenge

Louisiana District Court Denies Motion for a More Definite Statement in Negligence Case Against Premises Owner in Third-Party Exposure Case

U.S. District Court for the Eastern District of Louisiana The U.S. States District Court for the Eastern District of Louisiana issued another decision in the Hernandez v. Huntington Ingalls matter, involving claims of negligence against a premises owner on behalf of a third-party. As previously reported here, the plaintiff, Jesse Hernandez, alleged he was exposed …

May 15, 2020 • Asbestos Case Tracker, Louisiana, Remand/Removal

Shipyard Owner’s Removal Deemed Timely Under Recent Fifth Circuit Decision

Plaintiff Robert Bourgeois II originally filed his lawsuit in the Civil District Court for the Parish of Orleans, State of Louisiana, alleging his exposure while employed at Avondale Shipyards caused him to develop mesothelioma. Defendant Avondale removed the case to the Eastern District of Louisiana; in response, the plaintiff filed the instant Motion for Remand. …

May 12, 2020 • Asbestos Case Tracker, Louisiana, Motion to Dismiss

Louisiana District Court Permits Negligence Claim Against Premises Owner in Third-Party Exposure Case

U.S. District Court for the Eastern District of Louisiana, May 8, 2020 The plaintiff, Jesse Hernandez, alleged he was exposed to asbestos from, among other things, working at a family grocery store and deli from 1957 to 1966. Specifically, Mr. Hernandez alleged that plant workers from a nearby Allied Chemical plant came into the grocery …

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May 7, 2020 • Asbestos Case Tracker, New York, Remand/Removal

Court Grant Plaintiffs’ Motion to Voluntarily Dismiss in Federal Court Under the Zagano Factors

U.S. District Court for the Southern District of New York, May 5, 2020 On February 25, 2020, plaintiffs Laura McDaniel and Edward McDaniel filed a complaint in the New York Supreme Court, New York County, against the defendants, Whittaker, Clark & Daniels, Inc. (WCD) and Revlon, Inc., for asbestos-related personal injury claims relating to Laura …

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May 7, 2020 • Asbestos Case Tracker, Louisiana, Motion for Reconsideration

Louisiana District Court Grants Defendant’s Motion for Reconsideration, But Orders Re-Filing

U.S. District Court for the Eastern District of Louisiana, May 6, 2020 The plaintiff’s decedent, Callen L. Dempster, was allegedly exposed to asbestos-containing products while employed at the Avondale Shipyards from 1962 to 1994. Before the case was removed to federal court, the state court denied the defendant, General Electric Company, motion to bar the …

April 28, 2020 • Asbestos Case Tracker, Expert Challenges, Virginia

Virginia District Court Affirms Magistrate Decision on Admissibility of Naval Expert Testimony

U.S. District Court for the Eastern District of Virginia, April 27, 2020 Plaintiffs Herbert H. Mullinex and Patricia E. Mullinex alleged that Mr. Mullinex was exposed to asbestos from working with sheet gaskets and valve and pump packing manufactured by John Crane, Inc. during his service in the U.S. Navy from 1969 to 1978. John …

April 28, 2020 • Asbestos Case Tracker, Louisiana, Summary Judgment

Louisiana District Court Denies Summary Judgment on Plaintiffs’ Intentional Tort, Fraud, and Concealment Claims

U.S. District Court for the Eastern District of Louisiana, April 27, 2020 The plaintiffs alleged the decedent, Callen L. Dempster was exposed to asbestos and asbestos-containing products while employed at the Avondale Shipyards from 1962 to 1994. Defendant Huntington Ingalls Incorporation (f/k/a Avondale Shipyards, Inc.) (Avondale) moved for partial summary judgment on the plaintiffs’ intentional …

April 28, 2020 • Asbestos Case Tracker, Insurance Coverage, Ohio

Ohio District Court Denies Insurer’s Motion for Summary Judgment on Pollution Exclusion, Contribution, and Bad Faith

U.S. District Court for the Northern District of Ohio, Eastern Division, April 24, 2020 R.W. Beckett Corporation was sued in a large number of cases alleging harm from exposure to asbestos in gaskets used in oil burners Beckett produced from 1960 to 1986. For 16 years, Beckett paid its own litigation costs, but it later …

April 1, 2020 • Asbestos Case Tracker, Missouri, Summary Judgment

Inference of Exposure Leads to Reversal of Summary Judgment against Boiler Defendant

Plaintiffs filed suit against several defendants including Cleaver Brooks “CB” alleging that their decedent, Ronald Callanan, developed and passed from asbestosis as a result of his exposure to defendants’ products. Specifically, Plaintiffs alleged that Callanan worked with David Wolfe at FM Engineering as a field inspector. Their work included inspecting CB boilers but Wolfe was …

March 31, 2020 • Asbestos Case Tracker, Pennsylvania, Summary Judgment

Pennsylvania District Court Denies Summary Judgment to Defendant Under Colorado Law

United States District Court for the Western District of Pennsylvania. Plaintiffs alleged that Harald H. Mehnert developed mesothelioma as a result of his exposure to asbestos-containing laboratory equipment while working as a lab technician at the U.S. Geological Survey in Denver, Colorado from 1959 to 1995. Plaintiffs sued numerous defendants, including Fisher Scientific Company, LLC …