Asbestos Case Tracker

LATEST INSIGHTS

October 13, 2017 • Asbestos Case Tracker, Case Decisions, Minnesota, Remand/Removal

Remand Denied and Plaintiffs’ Mesothelioma Suit Dismissed Based on Lack of Personal Jurisdiction

MINNESOTA — In March 2016, the plaintiffs filed suit against multiple defendants, including Conwed Corporation, in Missouri Circuit Court in St. Louis alleging that the husband plaintiff’s mesothelioma was caused by exposure to the defendants’ asbestos-containing products, including Conwed’s ceiling tile. On January 19, 2017, the Missouri Circuit Court dismissed the plaintiffs’ complaint against Conwed …

October 6, 2017 • Asbestos Case Tracker, Case Decisions, New York

New York Appellate Court Affirms Nine Million Dollar Verdict in Duty to Warn Grinder Case

NEW YORK — The plaintiff filed suit against various defendants, including Hennessy Industries’ subsidiary, Ammco, alleging that the plaintiff’s use of Ammco’s grinder on asbestos-containing brake linings exposed him to asbestos. The plaintiff’s expert testimony was sufficient to establish exposure to asbestos via use of the grinder in sufficient quantities to cause the plaintiff’s mesothelioma. …

October 5, 2017 • Asbestos Case Tracker, Case Decisions, Missouri, Remand/Removal

Fraudulent Joinder Determination Turns Only on Factual and Legal Basis, Not Intent

MISSOURI — Kansas resident plaintiffs filed an action in the Circuit Court of Jackson County, Missouri, alleging mesothelioma and asbestosis arising out of work first performed in the state of Missouri. Two defendants named in the state court petition were also residents of Kansas, and the rest were from various states. Defendant Athene Annuity & …

October 4, 2017 • Asbestos Case Tracker, Bare Metal/Component Parts, Case Decisions, Maritime/Admiralty Law

Standard Based Approach in Bare Metal Defense Permits Sailors to Recover in Negligence

The plaintiffs filed suit in negligence and strict liability against several defendants arguing their decedents died from mesotheliomas as a result of their exposure to asbestos containing products for which defendants were responsible. Both plaintiffs alleged exposure while working on-board naval vessels. The defendants removed the case to federal court and summary judgment was granted …

October 4, 2017 • Asbestos Case Tracker, Case Decisions, North Carolina, Summary Judgment

Summary Judgment Granted Where Worker’s Compensation Act Bars Plaintiff’s Claims

NORTH CAROLINA — Plaintiffs filed suit against Alcatel Lucent, as successor in interest to Western Electric and Bell Labs (Alcatel), alleging Mr. Moore developed mesothelioma as a result of his work as a cable puller from 1965-95. Alcatel moved for summary judgment, arguing that the North Carolina Worker’s Compensation Act (Act) prohibited the plaintiffs’ claims. …

October 3, 2017 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

Lack of Service on Forum Defendants Fails to Defeat Removal Due to Diversity Jurisdiction

LOUISIANA — The plaintiffs originally filed their petition in the Civil District Court for the Parish of Orleans, State of Louisiana, after William Leech died of mesothelioma. The plaintiffs were residents of Arizona and named numerous defendants, including three who were Louisiana residents. Nine days after the petition was filed, and before any other defendants were …

October 2, 2017 • Asbestos Case Tracker, Asbestos Litigation Analysis

Application of § 5 of Federal Employers Liability Act (FELA) for Releases Remains Clear as Mud

Two plaintiffs in two jurisdictions bargain for settlement in asbestos related claims. Both agree to take money in exchange for a release of all future claims. Both later develop new diseases and sue the same defendant again. Only this time, one court finds the release unenforceable and the other court dismisses the complaint. No doubt …

September 20, 2017 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

Court’s Refusal to Exercise Supplemental Jurisdiction Over Dismissed Defendant Leads to Remand

LOUISIANA — The plaintiff filed this action against several defendants, including Industrial Development Corporation of South Africa, Limited (IDC), alleging he developed lung cancer from exposure to asbestos containing products for which the defendants were responsible. Immediately after the suit was filed, the plaintiff moved to dismiss claims against IDC. A co-defendant stevedoring company filed …

September 20, 2017 • Asbestos Case Tracker, Case Decisions, Remand/Removal, Washington

Plaintiff Awarded Attorneys’ Fees and Costs for Improper Removal

WASHINGTON — Plaintiff Barbadin filed suit against defendants including Scapa Dryer Fabrics and AstenJohnsten, Inc. (defendants) alleging exposure to asbestos containing products for which the defendants were responsible. Scapa removed the matter on April 17, 2017. The plaintiff quickly moved for remand and sought fees and costs. The court noted that it had previously remanded …

September 18, 2017 • Asbestos Case Tracker, Case Decisions, Delaware, Personal Jurisdiction, State, State>Delaware

Magistrate Judge Recommends No Personal Jurisdiction Over Exelon Corporation in Delaware

DELAWARE — Plaintiffs Michael and Sally Harding filed claims in Delaware state court due to Michael Harding’s exposure to asbestos while working as a pipefitter for the United States Navy from 1963-67. Defendant Crane Co. removed to federal court. Defendant Exelon Corporation moved for dismissal due to lack of personal jurisdiction. Exelon was not a …