Asbestos Case Tracker

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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 …

May 19, 2017 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Wisconsin

Summary Judgments Based on Wisconsin Safe Place Statute and Statute of Repose Denied

The court issued another decision in a case originally reported in Asbestos Case Tracker on May 15, 2017. Plaintiffs Daniel and Beverly Ahnert originally filed a case in 2010 alleging Daniel Ahnert developed asbestosis; that case was transferred to the MDL of the Eastern District of Pennsylvania. In 2013 Beverly Ahnert filed a new case …

May 19, 2017 • Asbestos Case Tracker, Case Decisions, New Jersey, Summary Judgment

Sufficient Exposure Found to Reverse Prior Summary Judgment Decision in Favor of Asbestos Supplier

In October 2010, the plaintiff, Thomasina Fowler, individually and as administrator of the estate of Willis Edenfield (the decedent), brought a wrongful death and product liability action in the Superior Court of New Jersey against various defendants. The plaintiff alleged the decedent passed away from mesothelioma caused by asbestos exposure associated with defendants’ products. The …

May 16, 2017 • Asbestos Case Tracker, Case Decisions, Tennessee

Multi-Million Dollar Jury Verdict Against Ford Vacated Based on Defective Jury Verdict Form

In this secondary exposure case alleging mesothelioma, defendant Ford Motor Company appealed after the jury rendered a verdict against it for $3.4 million. The appellate court vacated the trial court’s judgment on the jury verdict and remanded the case because the jury verdict form was defective, in that it omitted two necessary questions in product …

May 16, 2017 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Deere Granted Summary Judgment Based on Speculation Tractor Contained Asbestos Parts it Manufactured

The Superior Court of Delaware issued another ruling in a case reported in Asbestos Case Tracker on May 15, 2017. In this ruling, the court granted defendant Deere & Company’s motion for summary judgment. The decedent died from lung cancer. Counsel stipulated that his asbestos exposure occurred from 1955-79. Prior to his death, the decedent …

May 15, 2017 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment, Take-Home Exposure

No New Facts Alleged in Plaintiff’s Motion for Reargument; Reargument Denied

On February 2, 2017 the Superior Court of Delaware granted defendant Georgia Southern University Advanced Development Center’s (Herty) motion for summary judgment. The plaintiffs since filed a motion for reargument and reconsideration of that order. Dorothy Ramsey alleged that Herty, a manufacturer of an asbestos paper product, negligently failed to warn her of the risks …

May 15, 2017 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Ford Granted Summary Judgment in Two Automotive/Tractor Cases in Delaware

Ford was granted summary judgment in two matters pending in the Superior Court of Delaware. First, plaintiff Paul Norris brought suit against Ford Motor Company alleging that he developed an asbestos related disease as a result of his occupational and non-occupational exposure to asbestos while performing work on Ford brakes, clutches, and gaskets. The plaintiff …

May 15, 2017 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Wisconsin

Decedent’s Work Falls Outside Wisconsin’s Statute of Repose; Summary Judgment Denied

This matter stems from a series of filings. In 2010, plaintiffs Daniel and Beverly Ahnert filed an asbestosis claim on February 25, 2010. That case was transferred to Multidistrict Litigation in the Eastern District of Pennsylvania. Two and a half years later, Beverly Ahnert, as the executrix of the estate of Danial Ahnert, filed a …

May 12, 2017 • Asbestos Case Tracker, Case Decisions, Other Asbestos News, State>Illinois, Summary Judgment

Compound Manufacturer’s Directed Verdict Reversed

The estate of decedent Ronnie Startley filed a complaint against multiple defendants, including Welco Manufacturing Company, alleging that the defendants’ products caused the decedent to contract mesothelioma. All defendants except Welco either were dismissed or settled with plaintiffs prior to trial. Welco proceeded to trial. After trial, the trial court directed a verdict in favor …

May 9, 2017 • Asbestos Case Tracker, Case Decisions, Maryland, Remand/Removal

Prior Maryland Rulings Relied Upon in Denying Remand

The plaintiffs moved to remand after defendant Crane Co. removed to federal court. The court denied the plaintiff’s motion without oral argument. Decedent John Dugger served in the United States Navy during the 1960s and died of mesothelioma; the plaintiffs filed suit after his death. The plaintiffs alleged Crane manufactured and sold rope and valves …