Asbestos Case Tracker

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May 12, 2016 • Asbestos Case Tracker, Case Decisions, 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, California, Case Decisions, 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 …

May 6, 2016 • Asbestos Case Tracker, Case Decisions, Connecticut, Pleadings Challenge, Punitive Damages

U.S. District Court of Connecticut Denies Motion to Dismiss Punitive Damages Count Based on Sufficiency of Pleading

In this case pending in the U.S. District Court for the District of Connecticut, the plaintiffs’ third count of their complaint alleges reckless conduct by the defendants and seeks punitive damages. Defendant Aurora Pump Company moved to dismiss this count, arguing that the plaintiff failed to assert specific allegations of recklessness. The court noted, however, …

May 6, 2016 • Asbestos Case Tracker, Case Decisions, Louisiana, Summary Judgment

Issue of Foreseeable Duty to be Determined by a Jury in Take-Home Exposure Case Against Plant Where Decedent’s Husband Worked

The plaintiffs’ decedent, Elizabeth Sutherland, alleged take-home exposure to asbestos from her first husband’s work clothes. The plaintiff’s first husband, James “Huey” Chustz, worked as an electrician helper for Hershel Leonard Jr. Electric Company from 1964-72. At minimum, he spent 250 days at the sugar mill Alma Plantation, LLC, where he would become covered in …

May 6, 2016 • Asbestos Case Tracker, Case Decisions, Ohio, Summary Judgment

Summary Judgment in Favor of Supplier of Insulation Affirmed on Strict Liability, But Reversed on Failure to Warn

In this case it is alleged that the decedent, Ian Blandford, was exposed to asbestos while working as a pipefitter from 1955 to 1998. The Edward R. Hart Company (Hart) moved for and was granted summary judgment. The plaintiff appealed. On appeal the court affirmed the trial court’s granting of summary judgment on strict product …

May 5, 2016 • Asbestos Case Tracker, Documents and Resources

Asbestos Case Tracker Compendium 2015

Goldberg Segalla’s Asbestos Case Tracker blog has been hailed as the go-to resource for real-time access to all reported asbestos decisions from federal and state courts throughout the United States. Our blog also reports on legislative updates, significant verdicts, and other critical developments in the asbestos area. In 2015, we saw developing trends regarding cutting …