Asbestos Case Tracker

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March 17, 2016 • Asbestos Case Tracker, Other Asbestos News

Finding of Personal Liability, Joint and Several Liability, and $850,000 Civil Penalty for Environmental Violations in Connection with Asbestos Remediation Project Affirmed on Appeal

Appellants Arthur David Sugar, Honey Creek Contracting Company, Inc., Dave Sugar Excavating, LLC, ADS Leasing Corp., and Excavating Technologies appealed findings of personal liability, joint and several liability, and a March 27, 2013 environmental enforcement civil penalty awarded to the State of Ohio by the Jefferson County Common Pleas Court. Appellant Sugar individually argued that …

March 17, 2016 • Asbestos Case Tracker, Bankruptcy, Case Decisions, New York

Although Plaintiff’s Claims Within 1986 Manville Settlement Order, Case Remanded to Bankruptcy Court to Determine If Plaintiff Received Due Process

The plaintiff, Salvador J. Parra, Jr., developed asbestosis after working as an insulator and sued Marsh USA, Inc., an insurance broker, and others. Marsh filed a motion in the bankruptcy cases of Johns-Manville, arguing it was relieved of liability for the plaintiff’s claims. The bankruptcy court granted the motion, and the plaintiff appealed. The district …

March 17, 2016 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

Summary Judgment Overturned on Triable Issue as to Medical Monitoring of Plaintiff’s Asbestos-Related Pleural Plaques

In this federal court case, the plaintiff, Robert Hanson, filed a complaint in 2010 against various defendants, including “Doe” defendants, alleging asbestos exposure caused his asbestosis. In 2012, the plaintiff substituted Collins Electrical Company for one of the Doe defendants. In 2013, Collins moved for summary judgment, arguing that the plaintiff did not have any …

March 14, 2016 • Asbestos Case Tracker, Case Decisions, Summary Judgment, Wisconsin

Federal Court Applies Bare Metals Defense in Finding Boiler Manufacturer Not Liable for Asbestos Supplied by Third Parties

After the plaintiff’s husband died from lung cancer, the plaintiff filed a lawsuit alleging strict liability and negligence due to asbestos exposure from his work insulating and maintaining boilers. It was transferred to the Pennsylvania MDL, then remanded back to Wisconsin federal court. Defendant Trane U.S., Inc. then moved for summary judgment, arguing: (1) it …

March 14, 2016 • Asbestos Case Tracker, Case Decisions, Illinois, State, State>Illinois

Despite Satisfying Foreseeability, Illinois Federal Court Finds No Duty in Secondary Take Home Exposure Case

The plaintiff filed an action for negligence in Illinois state court, alleging she contracted mesothelioma through “take home” exposure from her son, who used asbestos friction paper while working as a mechanic. The defendants removed to federal court based on diversity. Defendant MW Custom Papers LLC, as successor-in-interest to Mead Corporation, filed a 12(b)(6) motion …

March 11, 2016 • Asbestos Case Tracker, Case Decisions, Remand/Removal

Vague and Conclusory Evidence in Support of Federal Officer Removal Rights Insufficient, Case Remanded to California State Court

The plaintiff in this case, the decedent’s wife, alleged secondary exposure to her husband through asbestos brought home by the decedent’s father while working as an aircraft mechanic on the base of the Army National Guard. Defendant The Boeing Company removed on federal officer grounds, and the plaintiff filed a motion to remand when four …

March 7, 2016 • Asbestos Case Tracker, Case Decisions, Louisiana, Remand/Removal

Motion to Remand Granted Based on Supporting Documents Showing Asbestos Work of Non-Diverse Defendant and Early Stage of Discovery

In this case, the plaintiff alleged exposure through his father’s work close from 1953 through the 1970s. The plaintiff’s father worked at the Exxon Baton Rouge facility. The plaintiff also claimed exposure to asbestos as an adult while working as a carpenter at various residential construction sites and as a contractor at Exxon between 1965 …

March 7, 2016 • Asbestos Case Tracker, Other Asbestos News

Garlock’s Action Based on Fraud For Failure to Disclose Exposure to Bankrupt Manufacturer’s Products Dismissed as Time-Barred

In a prior action brought by estate representative, Delores Robertson, for alleged asbestos exposure to the decedent, Thomas Robertson, Garlock Sealing Technologies LLC was found by a jury to be 25-percent liable. The remainder of the liability was split between the decedent and other settled and non-settled first and third party defendants. Judgment was entered …

March 7, 2016 • Asbestos Case Tracker, California, Case Decisions, Remand/Removal, State, State>California

Case Remanded to State Court to Hear Defendant’s Motion to Dismiss on Personal Jurisdiction as State Court Issues Predominate Case

In this case, the decedent Oscar Villanueva, is alleged to have been exposed to asbestos from various products while working at Glendale Auto Radio Stereo from 1969 to 1990. Defendant FCA US LLC removed the case to federal court since any judgment would have an impact on its bankruptcy estate. Defendant Dr. Ing. H.C.F. Porsche …

March 4, 2016 • Asbestos Case Tracker, Case Decisions, Expert Challenges, State>California

California Appellate Court Allows Expert Opinion Testimony on “Every Exposure” Theory

The plaintiff presented expert testimonial evidence at trial that her father’s exposure to asbestos from Bendix brake linings was a substantial factor in contributing to his risk of developing mesothelioma. The jury found in favor of the plaintiff; defendant Honeywell International appealed on two grounds: (1) the “every exposure” theory should have been excluded under …