Asbestos Case Tracker

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April 3, 2017 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Plaintiff’s Assertion of the Mere Possibility of Exposure Insufficient to Create a Triable Issue of Fact for Summary Judgment

The plaintiff filed suit against multiple defendants, including Moore Drydock, alleging he developed mesothelioma as a result of his work onboard the USS Carter Hall. The plaintiff further alleged that defendant Moore Drydock built the USS Carter Hall. Specific sources of exposures alleged by the plaintiff included gaskets, packing, and pipe insulation. The defendant moved …

April 3, 2017 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Plaintiff’s Objections to Magistrate’s Recommendation for Granting Summary Judgment Overruled

The plaintiff filed objections to the Magistrate’s recommendation for granting summary judgment, arguing that his expert’s affidavit was enough to create an issue as to material fact. The court began its analysis and stated that its review of objections to a magistrate’s decision are de novo. The issue at heart was the plaintiff’s reliance on …

April 3, 2017 • Asbestos Case Tracker, California, Case Decisions, Federal Officer Removal, Remand/Removal, State, State>California

Plaintiffs’ Motion for Remand Granted After Defendant Removes on Federal Officer; Sanctions Denied

The plaintiffs filed this action against multiple defendants including Foster Wheeler for Mr. Hukkanen’s alleged development of mesothelioma after serving as a machinist onboard the USS Somers and USS Walke from 1960 through 1968. Foster Wheeler removed the case, arguing that it was acting under an officer or agency of the United States. Foster Wheeler …

April 3, 2017 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Plaintiffs Survive Summary Judgment as to Turbine and Valve Defendants; Fail to Establish Exposure to Other Equipment Defendant

The defendants moved for summary judgment arguing that the plaintiff, Paul Paquin, had not established that he was exposed to any asbestos containing product for which the defendants were responsible. The court launched into its analysis with the standard for summary judgment and stated that summary judgment is not appropriate unless “the court determines that …

April 3, 2017 • Asbestos Case Tracker, Bare Metal/Component Parts, Case Decisions, State>Delaware, Summary Judgment

Summary Judgment Recommended for Turbine and Valve Defendants in Mesothelioma Case

The plaintiff’s executrix brought this claim against multiple defendants alleging that her decedent, Mr. Denbow, developed mesothelioma as a result of his work in the U.S. Navy onboard the USS New Jersey from 1954-57 and while working at Koppers Chemical from 1965-70. The plaintiff relied upon the testimony of product identification witness Charles Ricker. Although …

March 30, 2017 • Asbestos Case Tracker, Case Decisions, Missouri

Missouri Court of Appeals Finds Totality of Circumstances Standard Sufficient to Prove Causation under Wisconsin Law

Plaintiff Jean Urbach filed suit against 29 defendants on claims of negligence, strict liability, willful and wanton misconduct, and loss of consortium arguing that the defendants’ products caused her husband, Keith Urbach, to be exposed to asbestos, develop mesothelioma, and ultimately was the cause of his death. The plaintiff argues that Urbach was exposed to …

March 29, 2017 • Asbestos Case Tracker, Other Asbestos News

Mississippi House and Senate Approves Conference Committee Report Requiring Transparency in Asbestos Bankruptcy Trust Submissions

The Mississippi House and Senate approved a conference report regarding asbestos bankruptcy trust transparency legislation. The bill is expected to be signed into law. Findings of the Conference Committee include an acknowledgement that approximately 100 employers have declared bankruptcy related to asbestos litigation. Further, 85 percent of industries in the U.S. economy have been named …

March 27, 2017 • Asbestos Case Tracker, Other Asbestos News

John Crane Fails to Establish Personal Jurisdiction against Plaintiff’s Firm in Fraud Complaint Filed in Federal Court

John Crane, Inc. (JCI) filed suit against Benjamin Shein and the Shein Law Center (the defendant) for fraud, alleging that the defendant fraudulently obtained settlements with and verdicts against JCI by misrepresenting the exposure of asbestos plaintiffs to JCI’s products and concealing the plaintiffs’ exposure to products of other manufacturers. The complaint focused on four …

March 24, 2017 • Asbestos Case Tracker, Other Asbestos News

John Crane Fails to Establish Personal Jurisdiction in RICO Claim Against Plaintiff Law Firm

Plaintiff John Crane Inc. brought a six-count complaint against defendants Simon Greenstone Panatier Bartlett, P.C., Jeffrey B. Simon, and David C. Greenstone, alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961, et seq., and common law claims for conspiracy and fraud in the U.S. District Court for the Northern …

March 20, 2017 • Asbestos Case Tracker, Case Decisions, Rhode Island, Statute of Repose, Summary Judgment

Dissolved Company Failed to Meet Notice Requirements of Statute of Repose

Defendant Grover S. Wormer Company, individually and as successor-in-interest to Wright-Austin Company, brought a motion to dismiss the asbestos litigation filed on behalf of Frank D’Amico in the Superior Court of Rhode Island, Providence. Wormer originally brought its motion under Super. R. Civ. P 12(b)(6) and contended that the plaintiff’s claims for liability are barred …