Real-Time Court Decisions and Other Developments in Asbestos Litigation.
Summary Judgment was recommended by the magistrate for the plaintiffs’ failure to establish causation in this case. The plaintiff appealed and contended that his asbestos related disease was a result of exposure to asbestos from Foster Wheeler boilers while working onboard the USS Gridley. The court noted that the standard of review of a magistrate’s …
The plaintiff sued various defendants for negligence, strict liability, and fraudulent inducement. Crane removed to federal court under the federal officer removal statute, and plaintiff moved to remand. The court denied this motion. To remove under Section 1442(a)(1) the defendant must qualify as a “person” under the federal officer removal statute, must act under the …
The plaintiff alleged asbestos exposure through his work as a roofer, maintenance man, and carpenter. The defendants submitted a joint motion in limine to preclude certain evidence. The court issued various rulings, summarized below. First, the defendants asserted that Dr. Jacqueline Moline would offer a scientifically unsupportable causation opinion that every occupational exposure was a …
On Thursday, January 12, 2017, Joseph J. Welter, partner and chair of Goldberg Segalla’s Toxic Tort and Environmental Practice Group, will be speaking at ACI’s Asbestos Claims and Litigation Conference in Philadelphia. This is ACI’s 22nd National Forum on Asbestos Claims and Litigation and will feature several topics, including: Insurer-counsel-insured relationships: strategy between client, carrier, …
Defendant Thompson Hine filed a motion for summary judgment, arguing that the plaintiff’s Jones Act survival claims abated due to no statutory beneficiary. The court denied the motion. The plaintiff alleged that the decedent, Joseph Braun, was exposed to asbestos during his work aboard ships owned by the defendants and died from an asbestos-related disease. …
The plaintiffs initially filed a “short form asbestos complaint” in the Circuit Court for Baltimore City, Maryland, that included general counts for negligence, strict liability, loss of consortium, conspiracy, and fraud. The plaintiffs also realleged and incorporated counts for wrongful death from the master complaint. The case was removed to federal court and the defendants …
Columbus McKinnon Corporation (CMCO) sued Travelers Indemnity Company and Liberty Mutual Insurance Company alleging that insurance policies issued to CMCO obligate them to defend and indemnify CMCO with respect to thousands of lawsuits filed against CMCO for personal injury allegedly caused by exposure to asbestos-containing products manufactured and sold by CMCO and its predecessors. CMCO …
Some of the most difficult product liability cases to resolve are tough because of a lack of clarity as to the duration or amount of exposure. For example, defendants and plaintiffs sometimes take very different views of exposure in the so-called “take home” cases where a spouse allegedly developed a cancer from a “toxin” in …
The plaintiffs brought this action against multiple defendants alleging Mr. Evans developed an asbestos related disease as a result of his exposure to asbestos while serving in the U.S. Navy. Mr. Evans alleged that he worked as a fireman and boiler tender on-board the USS Kearsarge from 1957-61 and USS Bole in 1961. Mr. Evans …
The plaintiff alleged he developed mesothelioma as a result of his exposure to asbestos while working with the U.S. Navy from 1961-64 and from 1961-78 with various employers. Defendant Crane Co. removed the case to the U.S. District Court on August 31, 2015. Defendants CBS Corporation, Goodyear Tire and Rubber, FMC Corporation, and Ingersoll Rand …