Asbestos Case Tracker

LATEST INSIGHTS

September 26, 2018 • Asbestos Case Tracker, Federal Officer Jurisdiction, Federal Officer Removal, Louisiana

Remand Granted After Shipyard Defendant Fails to Establish Causal Nexus Required By Federal Officer Removal Statute

LOUISIANA — The plaintiffs filed this action against many defendants including Huntington Ingalls (Avondale) alleging their decedent contracted mesothelioma as a result of exposure to asbestos while working at Avondale Shipyard from 1964-1972. Avondale removed the case asserting Federal Officer Removal Statute. The plaintiff moved to remand arguing that Avondale could not satisfy the elements …

September 26, 2018 • Asbestos Case Tracker, Federal Officer Jurisdiction, Louisiana

Elements for Removal Found Under Federal Officer Jurisdiction in Take-Home Mesothelioma Case

LOUISIANA — The plaintiff filed suit against several defendants including Kaiser Aluminum (Kaiser) and Huntington Ingalls (Avondale) alleging her mother, Dolores Punch, contracted mesothelioma from exposure to asbestos while washing the work clothes of her husband and son. Mr. Punch worked as a pipefitter and welder at Avondale Shipyard from 1948-1960 and at Kaiser Aluminum …

September 25, 2018 • Asbestos Case Tracker, New York, Verdict

NYCAL Verdict Reduced from $60M to $29M

NEW YORK — The plaintiff was diagnosed with mesothelioma in April 2015 (55 years old) and passed away about fifteen (15) months later in July 2016. Thereafter, in October 2015, the plaintiff’s estate brought suit in NYCAL against a number of defendants alleging that the decedent’s mesothelioma diagnosis and death was caused by decedent’s exposure …

September 25, 2018 • Asbestos Case Tracker, North Carolina, Summary Judgment

Summary Judgment Denied With Respect to Valve and Pump Exposure

NORTH CAROLINA — The plaintiff, Wade Gore, was diagnosed with mesothelioma in May 2015 and filed suit a month later. He alleged asbestos exposure while working at a DuPont plant in Leland, North Carolina. Gore worked as an insulator, with pipes, pumps and valves from approximately 1975 to the 1980s. He was allegedly exposed to asbestos …

September 25, 2018 • Asbestos Case Tracker, California, Other Asbestos News

California Jury Deadlocked Over Talc Claims

CALIFORNIA — A mistrial was declared in a talc lawsuit filed against Johnson & Johnson in the Superior Court for Los Angeles, after a jury remained deadlocked following more than five days of deliberations. The plaintiff, Carolyn Weirick, alleges that she developed mesothelioma through the use of asbestos-contaminated talc, and sought at least $25 million …

September 24, 2018 • Asbestos Case Tracker, California, Federal Officer Jurisdiction, Remand/Removal

Defendant Fails to Meet Removal Requirements under 28 U.S.C. § 1442(a)

CALIFORNIA — The plaintiff Randolph Morton (Plaintiff or Morton) filed this personal injury claim in California state court alleging that Morton’s asbestos-related disease was allegedly caused by the defendants’ acts and omissions involving the use of asbestos at or in the vicinity of Morton’s workplace. The defendant removed the case to federal court (United States …

September 21, 2018 • Asbestos Case Tracker, Federal Officer Jurisdiction, Remand/Removal

Lack of Federal Officer Subject Matter Jurisdiction Leads to Grant of Remand and Award of Fees

The plaintiff filed this action alleging he developed mesothelioma as a result of exposure to asbestos for which the defendants were liable. Specifically, The plaintiff claimed exposure while serving in the United States Navy onboard the U.S.S. Tortuga from 1956-1959. Defendant Aurora Pump Company (Aurora) removed the case the federal court asserting Federal Officer Removal. …

September 19, 2018 • Asbestos Case Tracker, New York, Other Asbestos News

Former Speaker of the New York State Assembly’s Motion to Continue Bail and Stay Fine Denied in Part

NEW YORK — Former Speaker of the New York State Assembly, Sheldon Silver moved to continue bail and stay his fine after a jury found him guilty on two counts of honest services mail fraud, two counts of honest services wire fraud, two counts of extortion under color of official right, and one count of …

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 17, 2018 • Asbestos Case Tracker, General

Thomas Bernier Presents Panel Discussion on “The State of Bankruptcy Trusts” at Perrin National Asbestos Litigation Conference, October 1-3, 2018

Goldberg Segalla’s Thomas P. Bernier, a partner in the Toxic Tort Practice Group, will participate in the Perrin National Asbestos Litigation Conference, October 1-3, 2018, at the Fairmont San Francisco Hotel in San Francisco, CA. On the second day of the conference, Tom will participate in the panel discussion, “The State of the Bankruptcy Trusts,” addressing the current …