State>California

Category: State>California

October 29, 2015 • Asbestos Case Tracker, California, Case Decisions, State, State>California

California Appellate Court Examines Entire Record, Not Just Expert Testimony, To Affirm Denial of Motions for Judgment Notwithstanding the Verdict

The plaintiff in this case was diagnosed with mesothelioma and filed claims for negligence, strict liability, and loss of consortium against, among others, Union Carbide and Elementis Chemicals, as successor-in-interest of Harrison & Crosfield, Pacific, Inc., and certain related entities. The plaintiff submitted three theories of liability: strict liability (design defect under the consumer expectations …

October 21, 2015 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Talc Manufacturer’s Motion to Quash Granted Based on Lack of Specific Personal Jurisdiction

In this California case, the plaintiffs allege that the decedent, Oscar Villanueva, was exposed to asbestos contaminated talc from the use of Old Spice Talcum powder. Defendant Whittaker, Clark & Daniels, Inc. (WCD) was one of the suppliers of talc to Shulton, Inc. (Shulton), the former manufacturer of the Old Spice product. WCD moved to …

October 16, 2015 • Asbestos Case Tracker, Case Decisions, Pleadings Challenge, State>California

Federal Court Remands Action Based on Equity Even Though Removal Was Proper on Bankruptcy Issue

In this federal court case, the plaintiffs commenced an action against various defendants for the alleged asbestos exposure and development of mesothelioma for decedent, George Fenicle. Following decedent’s death, plaintiffs amended their complaint to name Boise Cascade Company and OfficeMax (“Defendants”). The defendants subsequently removed the matter to federal court under 28 U.S.C. 1441, for …

September 18, 2015 • Asbestos Case Tracker, California, Case Decisions, State, State>California

Decedent’s At-Home Asbestos Exposure From Employer’s Products Does Not Bar the Application of California Workers’ Compensation Act

After working for defendant Ameron International for approximately 24 years, Lario Melendrez passed away from mesothelioma. The plaintiffs commenced a wrongful death action, alleging Mr. Melendrez was exposed to asbestos both during the manufacture of Ameron’s Bondstrand pipe products and in bringing scrap products home for use. Ameron moved for summary judgment, arguing that the …

August 11, 2015 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, State>California

California Appellate Court Holds No Duty for Vessel Owner Based on No Active Control

In this mesothelioma case, the decedent worked for a vessel repair company and performed repair work on a vessel involving pipe insulation possibly containing asbestos. His estate sued the vessel owner under “both the Longshore & Harbor Workers’ Compensation Act, 33 United States Code section 905(b) (the Act, or section 905(b)) and state law.” The …

July 23, 2015 • Asbestos Case Tracker, Case Decisions, Expert Challenges, State>California, Summary Judgment

Crane Co. Granted Summary Judgment in Two California Federal Court Cases

In two separate decisions, Crane Co. was granted summary judgment on different grounds in two federal court cases. In the first, a Southern District case, Crane moved on the grounds that the plaintiffs could not show that the decedent, Michael Walashek, was exposed to asbestos from any of its products. In support of its motion, Crane …

July 16, 2015 • Asbestos Case Tracker, Case Decisions, State>California, Verdict Reduction

California Appellate Court Upholds Rejection of Lay and Expert Witness and Grants Zenith Summary Judgment in Radio Tube Asbestos Case

The California Court of Appeal affirmed the rejection of lay witness testimony as to asbestos content: “As a lay witness, Darby could testify to his observations about the texture of the material, but not to his conclusion that it contained asbestos since a lay witness may not opine about matters not within common knowledge or …

July 15, 2015 • Asbestos Case Tracker, Case Decisions, Punitive Damages, State>California

California Appellate Court Reverses $32.5 Million Punitive Damage Award Against BorgWarner, Among Other Rulings

In this wrongful death lawsuit, the decedent was allegedly exposed to asbestos from BorgWarner clutches while working as a security guard at a General Motors assembly plant. The case went to trial and the jury awarded various economic and noneconomic damages to the family of the decedent. During the punitive damages phase of the …

June 24, 2015 • Asbestos Case Tracker, Case Decisions, FELA, State>California, Summary Judgment

California Court Rejects Plaintiffs’ Expert Opinion and Grants Railroad Summary Judgment Under FELA on Lack of Causation

In this California case, the decedent was allegedly exposed to asbestos while working for a railroad as a switchman, conductor, and brakeman, later developing mesothelioma. Specifically, the decedent claimed exposure was from changing railcar brake shoes, being in the vicinity of insulation removal from refrigerator cars, and staying in a boarding house run by the …

June 18, 2015 • Asbestos Case Tracker, Bare Metal/Component Parts, Case Decisions, State>California

California Appellate Court Reverses Dismissal of Two Cases Where Equipment Was Used in Connection With Asbestos Brake Linings

In the first California case, the plaintiff was diagnosed with mesothelioma in 2014. He had previously worked as an auto mechanic in New York City and Los Angeles, during which he purchased an AMMCO machine equipped with a dust collection system. This machine was “an ‘arcing’ machine designed to grind drum brake linings for cars …

Category: State&gt;California

Category: State>California