Pennsylvania Archives

Category: Pennsylvania

February 1, 2016 • Case Decisions, Pennsylvania, Summary Judgment

Post-Bankruptcy Petition Malignancy Claim Not “Sufficiently Rooted” in Pre-Bankruptcy Past to Constitute Property of the Estate

In a follow-up to cases previously reported on in ACT, the plaintiffs in this case, Administrators of the Estate of Bjorn Dahl, alleged that the decedent, Mr. Dahl, was exposed to asbestos while working aboard various ships. The plaintiffs assert that the decedent developed two asbestos-related illnesses, a non-malignancy injury dating back to 1995 and a malignancy … Continued

January 27, 2016 • Bankruptcy Trusts, Case Decisions, Pennsylvania, Summary Judgment

Two Rulings From MDL Allow Previously Dismissed Asbestos Claims to Proceed Against Various Ship Owners Despite Previous Dismissed Actions Not Listed as Assets in Bankruptcy

In a follow-up to six cases previously reported on in ACT, two more cases were decided in the United States District Court for the Eastern District of Pennsylvania. Both cases had started in the Northern District of Ohio, and were transferred to the MDL 875 in the Eastern District of Pennsylvania. In both cases, the … Continued

January 14, 2016 • Case Decisions, Pennsylvania, Statute of Limitations, Summary Judgment

Granting of Summary Judgment Upheld on Appeal; Court Rules Time to File Suit Began with Prior Diagnosis of Asbestosis Based on Virginia Statute of Limitations

The plaintiff in this case alleges that the decedent, Vincent Gatto, was exposed to asbestos while self-employed as a brick mason in Virginia. The decedent was diagnosed with asbestosis in 2003 and then with mesothelioma in 2010. The action was filed in 2011. Following the close of discovery, several defendants moved for summary judgment “based … Continued

November 3, 2015 • Bankruptcy Trusts, Case Decisions, Pennsylvania, Summary Judgment

Chunk of Rulings From MDL Allow Previously Dismissed Asbestos Claims to Proceed Even Though Not Listed As Assets In Bankruptcy

Six cases were decided in the United States District Court for the Eastern District of Pennsylvania; all started in the Northern District of Ohio, and were transferred to the MDL 875 in the Eastern District of Pennsylvania. In all six cases, the plaintiffs brought claims against various shipowners represented by Thompson Hine LLP, and all … Continued

October 27, 2015 • Case Decisions, Expert Challenges, New Jersey, Pennsylvania

Federal Court Applies Laws of New Jersey and the Third Circuit in Allowing Experts to Testify Regarding General, Not Specific, Causation in Case Alleging Renal Cancer

The plaintiff alleged that he developed renal cancer from asbestos exposure while working at the Philadelphia Navy yard, the New York Shipbuilding yard, and various automotive and electric shops in New Jersey. In July 2013, this case was removed to the federal court in Pennsylvania as part of MDL-875. Defendant Ford moved to exclude the … Continued

October 26, 2015 • Case Decisions, Pennsylvania, Summary Judgment

Years After Bankruptcy Case Closed, Reopening of Asbestos Claims by MDL Not Judicially Estopped Due to Failure to List Claims in Bankruptcy Petition

In 1997, the decedent’s claims for asbestos exposure against shipowners represented by Thompson Hine LLP were administratively dismissed, with the option of pursuing at a later date. In 1999, the decedent brought claims against various defendants, including the shipowners represented by Thompson Hine LLP. In 2001, the decedent received a separate cancer diagnosis that he … Continued

October 15, 2015 • Insurance Coverage, Pennsylvania

Court Applied Pennsylvania Law in Asbestos Coverage Case Based on Insured’s Residence

York Int’l Corp. v. Liberty Mut. Ins. Co., No. 1:10-CV-0692 (M.D. Pa. Oct. 13, 2015) This decision involves a dispute over whether Pennsylvania or New York law would apply to an insurer’s duty to defend and indemnify an insured for asbestos-related claims. Due to the passage of more than 50 years between the period covered … Continued

October 6, 2015 • Case Decisions, Pennsylvania

Philadelphia Federal Judge Puts Hold on a Dozen Asbestos Claims by Formerly Bankrupt Plaintiffs

On Tuesday, October 6, 2015, U.S. District Judge Eduardo Robreno ordered a stay on a dozen nearly-identical asbestos claims brought by plaintiffs who had previously sought bankruptcy protection. Judge Robreno stated in all of them that the plaintiffs’ trustees must be given the choice of either pursuing or abandoning the claims. In one such case, … Continued

October 6, 2015 • Case Decisions, Pennsylvania

Supreme Court of Pennsylvania Denies Constitutionality Appeal of Asbestos-Related Liability Regulatory Statute

On September 29, 2015, the Supreme Court of Pennsylvania denied the appeal of the executor of the estate of James Markovsky. Markovsky, who had argued that a statute regulating asbestos-related liability should be found unconstitutional, had petitioned for appeal after the Superior Court of Pennsylvania affirmed a grant of summary judgment in favor of Crown … Continued

October 6, 2015 • Pennsylvania, Significant Verdicts

Pittsburgh Jury Returns Defense Verdict in Secondary Exposure Friction Case

Plaintiff Larry English commenced this wrongful death mesothelioma case by claiming that his wife, Sherry English, was exposed to asbestos on Mr. English’s clothing. Mr. English, who worked for a variety of Ford dealerships between 1968 and 2011, worked with gaskets, brakes, and clutches. His claim is that the asbestos from these products remained on … Continued