Asbestos Case Tracker

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August 17, 2016 • Asbestos Case Tracker, Case Decisions, State>Florida, Summary Judgment

Court Denies Multiple Motions including Plaintiff and Ford Motor Co.’s Daubert Motions, Ford’s Motion for Summary Judgment and Plaintiff’s Motion for Reconsideration

Plaintiff James Waite and his wife Sandra Waite brought this action against Ford Motor Co. and Union Carbide Corporation (UCC) for Mr. Waites’ alleged development of mesothelioma from his work on brakes and clutches. UCC’s motion to dismiss for lack of personal jurisdiction was at first denied by the Court but then granted on UCC’s …

August 16, 2016 • Asbestos Case Tracker, Case Decisions, Statute of Repose, Washington

Appeals Court finds No Conflict of Laws and Reverses Dismissal Based on Alaska Statute of Repose

Plaintiff Larry Hoffman filed suit in the Superior Court of Washington, Pierce County against numerous defendants alleging he developed mesothelioma from exposure to asbestos. Specifically, Hoffman is alleging take-home exposure from his father working as a welder for Ketchikan in Alaska in the 1950s and 1960s. Hoffman also alleges exposure from his own work at …

August 16, 2016 • Asbestos Case Tracker, Case Decisions, New Jersey, Significant Verdicts

Jury Returns Defense Verdict on Failure to Warn and Design Defect Claims Involving Contaminated Talc and Kent Cigarettes

In a case involving a variety of alleged asbestos exposures, trial proceeded against three defendants – Lorillard Tobacco, H&V, and Whittaker Clark – for asbestos exposures through allegedly contaminated talc and Kent cigarettes with micronite filters. The jury found that plaintiff did not prove by a preponderance of the evidence its failure to warn claims …

August 15, 2016 • Asbestos Case Tracker, Science

New Considerations in Defending Against Lung Cancer Cases Part 1: HPV Status

For some time now, we have been writing, discussing, and suggesting that there is great value in thinking about genetic and other “omic” data when defending toxic tort or product liability cases involving disease allegations of any kind. But these “omic” data are especially critical in cases involving allegations of cancer causation. On this note, …

August 11, 2016 • Asbestos Case Tracker, Case Decisions, State>Delaware, Summary Judgment

Defendants Granted Summary Judgment Where Plaintiff Failed to Satisfy Frequency, Proximity, Regularity Standard

Plaintiff Robert Lee Winhauer filed an asbestos action in the Delaware Superior Court against multiple defendants, asserting personal injury claims relating to a mesothelioma diagnosis proximately caused by alleged exposure to asbestos. The defendants removed the action to the U.S. District Court for the District of Delaware. After Winhauer’s death, the complaint was amended to …

August 9, 2016 • Asbestos Case Tracker, Insurance Coverage, New York

Court Rules Summary Judgment Not Appropriate Due to Ambiguity on How Non-Cumulation Clause Operated

Liberty Mutual Insurance Company issued successive annual insurance policies to the Fairbanks Company from January 1, 1974 to January 1, 1982. Liberty issued both comprehensive general liability and umbrella policies. Multiple lawsuits were filed in several jurisdictions against Fairbanks, alleging injuries due to exposure to asbestos, and this coverage litigation resulted. On March 21, 2016, …

August 9, 2016 • Asbestos Case Tracker, Case Decisions, Missouri

Plaintiff’s Own Allegations Fail to Establish Personal Jurisdiction Against Defendant Federal-Mogul

In the same case reported on today, the court also determined whether personal jurisdiction existed for defendant Federal-Mogul Asbestos Injury Trust, as successor to the former Vellumoid Division of Federal-Mogul and as successor to Felt-Products Manufacturing Co. (Federal-Mogul). The plaintiff failed to respond to Federal-Mogul’s personal jurisdiction motion. The complaint listed 78 defendants, and alleged …

August 9, 2016 • Asbestos Case Tracker, Case Decisions, Missouri, Remand/Removal

Plaintiff’s Attempt to Avoid Federal Subject Matter Jurisdiction by Disclaiming Federal Officer Claims Unsuccessful

The plaintiff asserted various claims against 78 defendants due to mesothelioma developed from alleged asbestos exposure incurred during his civilian work in the Navy from 1958-64, Kambien from 1966-69, and Polaroid from 1969-97. The plaintiff attempted to make the action un-removable by disclaiming any relief for injuries sustained upon a federal enclave or as a …

August 5, 2016 • Asbestos Case Tracker, Case Decisions, New York

$3.5 Million Verdict Against National Grid Generation, LLC Upheld

On August 4, 2016, the Supreme Court of New York affirmed the jury’s award of $3.5 million against defendant National Grid Generation, LLC. The evidence showed that LILCO, National Grid’s predecessor in interest, issued detailed specifications directing contractors on how to mix and apply asbestos-containing concrete and insulation at a power plant. This supported the …

August 4, 2016 • Asbestos Case Tracker, Case Decisions, Pennsylvania, Punitive Damages, Summary Judgment

Court Provides Mixed Ruling on Motions for Summary Judgment on Punitive Damages Brought by Boiler Manufacturers

The Court of Common Pleas of Lackawanna County in Pennsylvania recently ruled on partial motions for summary judgment with respect to punitive damages asserted by the paintiffs, Robert Horst, Jr. and Diane Horst. Defendants filing said motions included Burnham, LLC , Lennox Industries, Inc., and Weil-McLain. The court stated that, in Pennsylvania, a punitive damages …