Asbestos Case Tracker

LATEST INSIGHTS

June 2, 2017 • Asbestos Case Tracker, Insurance Coverage

Asbestos Plaintiffs Too Late to Take Advantage of Expansive Maryland Coverage Ruling

A large group of asbestos plaintiffs failed to file claims seeking more expansive coverage within the applicable statute of limitations. MCIC Inc. (formerly McCormick Asbestos Company, “MCIC”) sold and installed asbestos insulation products. By the early 1970s, it was clear that asbestos was hazardous, and MCIC ceased selling and installing asbestos-containing products in approximately 1973. In the late 1980s, several law firms …

June 2, 2017 • Asbestos Case Tracker, Case Decisions, Ohio, Summary Judgment

Summary Judgment Reversed in Finding Co-Worker Testimony Personal Knowledge, Not Hearsay

Plaintiff Ruth Williams filed suit against multiple defendants, including Akron Gasket, as a result of her late husband’s development of mesothelioma. Specifically, the plaintiff alleged that Mr. Williams was exposed to asbestos tape made by Akron while working at PPG Industries and Goodyear Tire and Rubber. Summary judgment was granted in favor of Akron. The …

June 1, 2017 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, New York

Abandonment of Claims Alleging Asbestos Exposure at Government Facilities Eliminated Federal Jurisdiction

Defendant Crane Co. appealed the remand ordered by the district court to New York State Court. Crane had removed based upon the federal officer removal statute. The appellate court affirmed the remand without a summary of the underlying facts. First, Crane argued remand was erroneous because the federal courts had original subject matter jurisdiction. The …

June 1, 2017 • Asbestos Case Tracker, Case Decisions, Maryland, Statute of Repose, Summary Judgment

Maryland Court Affirms Application of Statute of Repose in Asbestos Matter

On December 13, 2013, plaintiff James F. Piper was diagnosed with mesothelioma and filed suit in the Circuit Court for Baltimore City on March 26, 2014 for damages caused by his occupational asbestos exposure. Piper worked as a steamfitter at the Morgantown Generating Station in Woodzell, Maryland. In early 1970, defendant Westinghouse installed a turbine …

May 26, 2017 • Asbestos Case Tracker, Case Decisions, Pleadings Challenge, Washington

Automotive Parts Manufacturer Granted Dismissal due to Lack of Personal Jurisdiction

In another decision out of the Hodjera suit in the Western District of Washington, the motions to dismiss of Dana Companies, LLC and Dana Canada Corporation (the defendants), were granted based on lack of personal jurisdiction. Dana Companies is a Virginia corporation with its principal place of business in Ohio. Dana Canada is a Canadian …

May 25, 2017 • Asbestos Case Tracker, Case Decisions, Damages, Louisiana, Verdict Reduction

Louisiana Court of Appeal Finds $500K Jury Verdict Not Enough

Plaintiffs Frank Romano, Sr. and Lynne Rome Romano filed suit in the Civil District Court, Orleans Parish against a number of defendants on September 12, 2014, after Romano contracted mesothelioma allegedly caused from occupational asbestos exposure. For a brief background, Romano grew up in Marrero, Louisiana and lived about two blocks away from the Johns-Manville …

May 24, 2017 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

Defendant Fails to Establish Improper Joinder in Mesothelioma Case; Remand Granted

Plaintiff Ronald Smith sued multiple defendants, including Honeywell, alleging he developed mesothelioma from occupational exposure to asbestos. Honeywell removed the case the United States District Court, arguing that the plaintiff only joined defendant Taylor-Seidenbach Inc. to defeat diversity. The plaintiff moved to remand. The case was originally set on an expedited trial date because of …

May 23, 2017 • Asbestos Case Tracker, Other Asbestos News

NYCAL Justices Appointed to First Department-Appellate Division

On May 22, 2017, New York Governor Andrew Cuomo appointed New York City Asbestos Litigation (NYCAL) Supreme Court Justices Cynthia S. Kern and Peter H. Moulton to the First Department-Appellate Division. Associate Justice Rolando Acosta was designated to the Presiding Justice of this Appellate Division and Supreme Court Justices Jeffrey Oing and Anil Singh will …

May 22, 2017 • Asbestos Case Tracker, Case Decisions, Personal Jurisdiction, Washington

Action Dismissed Against Canadian Automotive Defendant Based on Lack of Specific Jurisdiction

The plaintiffs filed suit against multiple defendants alleging Mr. Hodjera’s mesothelioma was caused by exposure to the defendants’ products from 1986-94. Volkswagen of Canada (VWGC) moved to dismiss the complaint, arguing that the court lacked personal jurisdiction. The court started its analysis by stating that due process requires the court to have personal jurisdiction over …

May 19, 2017 • Asbestos Case Tracker, Personal Jurisdiction

No Jurisdiction over Foreign Auto Manufacturer, But Case Remanded for Consideration of Jurisdictional Discovery

Plaintiffs Kenneth and Carol Jones filed suit against various defendants after Kenneth Jones developed mesothelioma. Defendant Volkswagen Aktiengesellschaft (VWAG) sought review of an interlocutory order denying its motion to dismiss for lack of personal jurisdiction. The court reversed the trial court’s order and remanded. In its motion to dismiss for lack of personal jurisdiction, VWAG …