State

Category: State

September 19, 2018 • Asbestos Case Tracker, Summary Judgment, Take-Home Exposure, Washington

Multiple Motions for Summary Judgment and Affirmative Defenses of Railroad and Auto Parts Manufacturers Denied in Part and Granted in Part

The plaintiff Patrick Jack filed suit against several defendants alleging he contracted mesothelioma from take-home, bystander and direct exposure to asbestos for which the defendants were liable. The plaintiff’s take-home and bystander exposure was alleged from his father’s work at Union Pacific. He also claimed exposure while serving as a machinist in the Naval Reserve …

September 14, 2018 • Asbestos Case Tracker, New York, Verdict

Significant Verdict Against Valve Manufacturers in Erie County NY

NEW YORK — A verdict totaling almost $7 million was rendered today in Buffalo NY. Plaintiff, James Stock, is 60 years old and claims to have had asbestos exposure causing his mesothelioma in the late 1970’s early 80’s while working in a factory. A verdict was reached against Remaining defendants Jenkins (50%) Bell & Gossett …

September 13, 2018 • Asbestos Case Tracker, New York, Other Asbestos News, Verdict

First New York State Appellate Level Additur Decision Issued

NEW YORK — With little to no analysis, the Appellate Division of the New York Supreme Court affirmed various decisions issued by the trial court in 2017 during a ten day trial, wherein the plaintiff alleged development of mesothelioma due to asbestos exposure. These included, among other rulings: granting defendants Crane Co. and Warren Pumps …

September 11, 2018 • Asbestos Case Tracker, California, Choice of Law, State, State>California

Plaintiff Waived Choice of Law Causation Issue; Kansas Law Applied to California Case

CALIFORNIA — The plaintiff Gerald Hake was born in Kansas and allegedly exposed to asbestos from friction products from age 10 until age 19 while working at the family-owned Hake Standard Service Station. In 1962, he joined the Navy; he then moved to Washington state in 1966. He lived in that state until the present …

September 7, 2018 • Asbestos Case Tracker, Expert Challenges, Ohio

Weight-of-the-Evidence Standard Used by Plaintiff’s Experts Found to Satisfy Daubert Requirements

OHIO — Defendant Honeywell International filed Motions in limine to Preclude the plaintiff’s Experts Dr. Murray Finkelstein and Dr. Carlos Bedrossian and dismiss the plaintiff’s claims, or, in the alternative, its request for evidentiary hearing. The plaintiffs filed oppositions. The court determined that both doctors utilized the weight-of-the-evidence standard in formulating their opinions of the …

September 6, 2018 • Asbestos Case Tracker, Illinois, Other Asbestos News, State, State>Illinois

Denial of Judgment Notwithstanding The Verdict Reversed For Welding Rod Defendant

Illinois — Following a trial in which a jury found that Hobart Brothers Company (Hobart) had failed to warn the plaintiff, Charles McKinney of the dangers of asbestos from its welding rods, Hobart appealed the trial court’s denial of its motion for judgment notwithstanding the verdict. The appellate court reversed the trial court’s denial, finding no …

September 6, 2018 • Asbestos Case Tracker, New York, Other Asbestos News

Trial Subpoenas to Settling Parties Allowed to Issue For Liability Apportionment

NEW YORK — In a currently pending asbestos matter, defendant Jenkins Bros. issued trial subpoenas to three settling defendants – Crane Co., Flowserve, Inc., and Warren Pumps. These three defendants filed motions to quash the subpoenas, which the court denied. The court ruled that the trial subpoenas were served properly on counsel in a timely manner, as …

September 4, 2018 • Asbestos Case Tracker, Statute of Limitations, Texas

Notice of Claim Provisions Bar Jurist’s Asbestos Claims Against Municipality

TEXAS — Judge James Farris spent almost his entire legal career, until retiring in December of 1996, in the Jefferson County courthouse, which included a period of asbestos remediation at the courthouse, during which he was allegedly exposed to asbestos. Judge Farris developed mesothelioma in October of 2004 and tragically passed away just nine days …

August 30, 2018 • Asbestos Case Tracker, Louisiana, Remand/Removal

Proper Removal Based Upon Diversity Jurisdiction When Clearly No Case Against Non-Diverse Defendant

LOUISIANA — The plaintiff Victor Michel filed a personal injury suit in Louisiana state court alleging that his mesothelioma was caused by exposure to asbestos during his work as a parts delivery driver, truck mechanic, and generator service technician. The defendant Cummins, Inc. removed the matter to federal court after receiving a deposition transcript of plaintiff …

August 29, 2018 • Asbestos Case Tracker, Maritime/Admiralty Law, Motions in Limine, Virginia

Superseding Cause/State of Art as to Navy’s Negligence and Knowledge of Asbestos Barred Against Sealing Technology Defendant

VIRGINIA –The plaintiff brought this suit against John Crane Inc. (JCI) alleging Mr. Goodrich developed an asbestos related disease for which Defendant was liable. The plaintiff moved in limine to preclude JCI from presenting evidence of the alleged “knowledge or negligence of the Navy.” JCI argued that any failure to warn was not a substantial …