Real-Time Court Decisions and Other Developments in Asbestos Litigation.
The decedent died of mesothelioma; prior to his passing he filed a lawsuit in state court alleging exposure to asbestos while a production shift supervisor during his employment at a paper mill in Georgia. One defendant removed, and the action was transferred to MDL 875. Defendant Crane Co. filed for summary judgment, which was granted …
The plaintiffs moved to consolidate three cases for trial. Defendants American Biltrite and Kaiser Gypsum opposed. The court denied the plaintiffs’ motion to consolidate. Courts consider six factors outlined by the Second Circuit in determining whether or not to consolidate individual plaintiffs’ cases for a joint trial where asbestos exposure is alleged: “(1) whether the …
Nebraska plaintiffs filed an action in Missouri state court after the decedent died of mesothelioma. After five defendants remained, defendant Volkswagen filed for removal based upon diversity jurisdiction, and alleged that the defendant, J.P. Bushnell Packing Supply Company, a Missouri corporation, was fraudulently joined. This matter was before the court sua sponte to determine whether …
The decedent in this case, Michael Walashek, alleged exposure to asbestos from various products, including Cleaver-Brooks boilers, during the course of his work for various entities between 1967 and 1986. The exposure allegedly caused him to “suffer severe and permanent injury and ultimately death.” The plaintiff, Gail Walashek, subsequently filed a lawsuit against the defendant …
In January 2013, this case was removed on the basis of federal question jurisdiction and assigned to MDL 875. The plaintiffs alleged asbestos exposure while serving in the Navy. Applying maritime law, the court granted summary judgments filed by Buffalo Pumps, CBS Corporation, Foster Wheeler, General Electric, IMO Industries, and Warren Pumps, based upon the …
The plaintiff filed an asbestos suit in Missouri; defendant Crane Co. removed to federal court based on federal officer jurisdiction, in which Warren Pumps and CBS Corporation joined. All three defendants were dismissed and the plaintiff moved to remand, which the court granted. “…[I]f the federal party is eliminated from the suit after removal…the district …
Plaintiff William Webb brought a claim against multiple defendants for his alleged development of mesothelioma as a result of his occupational exposure to crocidolite while working for Pyramid Pipe as a warehouseman and truck driver. A supplier of raw asbestos, defendant Special Electric, was found liable for failure to warn and negligence. Special Electric supplied …
In 2013, Carlos Tarazon filed a lawsuit against the City of Phoenix, alleging that he developed mesothelioma as a result of asbestos exposure while performing pipe installation and other repairs for the city on projects that took place between 1968 and 1993. The city, in turn, filed a third-party complaint against the developers and contractors …
Surviving spouse and personal representative of the decedent filed a three-count complaint against multiple defendants, alleging failure to warn, loss of consortium, and conspiracy due to damages from alleged asbestos exposure. Defendant Sporting Goods Properties, Inc. filed a motion to strike all three counts for failure to state a claim, which plaintiff opposed. The court …
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 …