Wisconsin Archives

Category: Wisconsin

September 11, 2015 • Case Decisions, Wisconsin

Wisconsin Federal Court Refuses to Enforce Settlement and Ruled Defendant Waived Defenses of Standing, Mootness, and Issue Preclusion

The plaintiff sued the defendant, Owens-Illinois, for injuries caused to the decedent by asbestos exposure, which proceeded in multidistrict litigation for many years and was transferred back to the District Court of Wisconsin in 2014. A settlement agreement had apparently been reached, which the plaintiff’s estate representative claimed was not authorized. After the district court … Continued

June 9, 2015 • Case Decisions, Statute of Repose, Summary Judgment, Wisconsin

Turbine Manufacturer’s Motion for Summary Judgment Denied on Statute of Repose; Gasket Manufacturer’s Motion Granted for Lack of Product ID

In this federal court case, the decedent, Charles Nuutinen, is alleged to have been exposed to asbestos while working as a pipefitter from 1959 through 1996 at various jobsites in Wisconsin, including the Point Beach Nuclear Power Station. The defendant, CBS, the entity responsible for turbine manufacturer Westinghouse Electric Corporation, moved for summary judgment on the … Continued

May 14, 2015 • Case Decisions, Expert Challenges, Single Fiber, Cumulative Exposure, Wisconsin

In Wisconsin: Single Fiber Theory on Causation Held Scientifically Unreliable; Longo Precluded; Castleman Opinion Partially Precluded

In two asbestos cases, Owens Illinois, Inc. sought to exclude an opinion by the plaintiffs’ experts that “any exposure to asbestos, no matter how slight, remote or insignificant, is a cause or substantial contributing factor in causing Plaintiffs’ diseases.” The company also sought to exclude the testimony and testing of William Longo under FRE 702. The … Continued

April 28, 2015 • Case Decisions, Statute of Repose, Wisconsin

Question of Fact Found Regarding if Asbestos Insulation Supplied by Company Was for Improvement of Real Property as Required Under Wisconsin Statute of Repose

In this case, the plaintiff, Robin Sorenson, filed strict product liability and negligence claims on behalf of herself and the estate of the decedent who worked as an insulator from 1955 to 1997 and died of lung cancer in 2009. One of the defendants, Building Services Industrial Sales, Inc. (BSIS), a supplier of asbestos insulation to … Continued

February 10, 2015 • Case Decisions, Statute of Repose, Verdict Reduction, Wisconsin

Court Avoids Statute of Repose While Dismissing Plaintiff’s Claims on Lack of Causation

Plaintiff Todd Alexander commenced a wrongful death action claiming decedent Richard Alexander was exposed to asbestos in connection with his sheet metal, heating, and plumbing business. Defendants Auer and Milwaukee Stove moved for summary judgment under Wisconsin’s Statute of Repose and, in the alternative, along with defendant CertainTeed, on lack of causation. The lower court … Continued

February 3, 2015 • Case Decisions, Wisconsin

Mesothelioma Claim Barred Based on Issue Preclusion

In this MDL asbestos case, plaintiff brought an action claiming he had asbestosis. CBS and General Electric moved for summary judgment in the Eastern District of Pennsylvania, which motion was unopposed. At the time the motion was brought, plaintiff had been diagnosed with mesothelioma but such claim had not yet been added to the lawsuit … Continued