Asbestos Case Tracker

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May 23, 2016 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Maryland, Motions in Limine, Summary Judgment

Plaintiff’s Expert’s Testimony Precluded and Summary Judgment Granted Where Expert Disclosure Was Untimely, the Expert Opinion Lacked Sufficient Factual Basis, and Plaintiff’s Claims Were Legally Insufficient on Causation

In this case, the plaintiff sued numerous manufacturers and distributors of products allegedly containing asbestos, including Defendant General Electric Company (GE), following his diagnosis of mesothelioma. The plaintiff designated Dr. Robert Vance, an industrial hygienist, to testify regarding the sources of the plaintiff’s asbestos exposure. As to GE, Dr. Vance noted in his report that …

May 19, 2016 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, State>Florida

Case Remanded to State Court as Defendants Could Not Use the Federal Officer Removal Statute Where the Plaintiff Expressly Disclaimed Any Naval Asbestos Exposure

Plaintiff Richard Batchelor, a former employee of Florida Power & Light Company who was diagnosed with terminal mesothelioma after he was exposed to and inhaled asbestos fibers from asbestos-containing products manufactured, sold, supplied, distributed, or controlled, by the defendants, sued in the Circuit Court for the 11th Judicial District in and for Miami-Dade County Florida …

May 19, 2016 • Asbestos Case Tracker, Case Decisions, Summary Judgment

Summary Judgment in Favor of the U.S. Government Reversed as Finder of Fact Could Reasonably Conclude Naval Facility Asbestos Exposure was Substantial Factor in Causing Plaintiff’s Mesothelioma

Plaintiff Roger Botts, a former deliveryman who developed mesothelioma after being around work which exposed him to asbestos, including the removal, installation, and fabrication of asbestos on board ships and around the Puget Sound Naval Shipyard between 1970 and 1976, sued the United States Government in the U.S. District Court for the Western District of …

May 17, 2016 • Asbestos Case Tracker, Significant Verdicts

Oregon Jury Finds Against Gasket Manufacturer, Awarding Plaintiff $5 Million

The plaintiff in this case, who was diagnosed with mesothelioma, maintained dry kilns and boilers with asbestos gaskets sold by Mar-Dustrial, which denied selling products to the mill where the plaintiff worked from 1969-2000. The jury disagreed with Mar-Dustrial, and awarded the plaintiff $3.25 million for pain and suffering and $1.75 million for loss of …

May 12, 2016 • Asbestos Case Tracker, Case Decisions, Florida, State, State>Florida

District Court’s Denial of Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction Reversed Upon Reconsideration on the Basis of Lack of Specific Jurisdiction

The plaintiff, who developed mesothelioma as a result of exposure to asbestos products while working in Massachusetts between the 1940s and 1970s, sued the defendant Union Carbide and others in the U.S. District Court for the Southern District of Florida, where he later moved, seeking compensatory damages pursuant to causes of action for negligence, strict …

May 11, 2016 • Asbestos Case Tracker, Case Decisions, New York, Summary Judgment

Trial Court Denies Mechanical Contractor’s Motion for Summary Judgment Opposed by Co-Defendants

The plaintiff sued the defendants for his mesothelioma allegedly contracted from his work at the Northpoint Power Station in Northport, Long Island. Mechanical contractor, O’Connor, moved for summary judgment as to the plaintiff’s claims and cross claims. The motion was opposed by co-defendants National Grid and National Grid USA Service Company. O’Connor maintained that summary …

May 11, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

California Appeals Court Applies “Inevitable Use” and Reverses Grant of Summary Judgment as to Brake Arcing Defendant

The appellant brought an appeal on behalf of her late husband, Frank Rondon, arguing that the trial court erred in its grant of summary judgment as to her claims for strict liability and negligence. Frank Rondon worked as a mechanic using defendant Hennessy’s (Ammco Tools) brake arcing machines designed to grind asbestos brake shoes. Hennessy …

May 9, 2016 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Wisconsin

U.S. District Court Denies Plaintiffs’ Motion for Reconsideration on Grant of Summary Judgment as to Daubert Challenge, Worker’s Compensation Exclusivity, and Public Nuisance Claim

The plaintiffs brought a motion for reconsideration for the court’s decision to grant partial summary judgment as to the defendant Weyerhauser’s motion as to its Daubert challenge, The plaintiffs’ claims for Worker’s Compensation Exclusivity and public nuisance claim. The court stated that Rule 56 does not provide for a motion for reconsideration but permits a …

May 6, 2016 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Remand/Removal, Summary Judgment

Fourth Circuit Upholds Summary Judgment on Substantial Factor Causation and Affirms Denial of Remand Based on Federal Officer Jurisdiction

The U.S. Court of Appeals for the Fourth Circuit issued an opinion in two consolidated appeals upholding the granting of summary judgment to defendants CBS Corporation, General Electric Corporation (GE), MCIC (local insulation contractor), Paramount Packing & Rubber Company, Phelps Packing & Rubber Company, SB Decking, Inc., Wallace & Gale Asbestos Settlement Trust (local insulation …

May 6, 2016 • Asbestos Case Tracker, Case Decisions, Expert Challenges, Motions in Limine, Ohio, Single Fiber, Cumulative Exposure

Court of Appeals of Ohio Finds Reversible Error in Refusal of Daubert Hearing On Basis of Opinions of Drs. Strauchen and Frank

In this case it is alleged that the decedent, Glenn Watkins, was exposed to chrysotile asbestos dust from the sanding of Bendix brakes while working as a manager at various Auto Shack and AutoZone retail stores between 1985 and 2006 and that this exposure was a substantial cause of his pleural mesothelioma and death. Prior …