Asbestos Case Tracker

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December 31, 2015 • Asbestos Case Tracker, Case Decisions, FELA, Virginia

After Defendant Files Second Asbestos-Injury Claim, Federal Court Grants Defendant’s Motion to Dismiss Plaintiff CSX’s Declaratory Judgment Action for Lack of Jurisdiction

Plaintiff CSX Transportation asserted a claim for declaratory relief, after the defendant filed an injury claim for lung cancer, which he claimed was asbestos-related. The defendant had settled a claim against CSX for an asbestos-related injury in 2003, and under the 2003 settlement agreement, he allegedly released CSX from future claims involving asbestos and cancer. The …

December 28, 2015 • Asbestos Case Tracker, Case Decisions, Federal Officer Jurisdiction, Louisiana

Case Against Crane Remanded to State Court Based on Lack of Evidence of the Exercise of Government Discretion Under the Federal Officer Removal Statute

In this case, the plaintiff alleged asbestos exposure from various sources, including from his time aboard Naval vessels during the Korean War. Defendant Crane removed the case to federal court pursuant to 28 U.S.C.1442(a)(1), the federal officer removal statute. The plaintiff moved to remand the case, arguing that Crane did not meet the standard to …

December 24, 2015 • Asbestos Case Tracker, Case Decisions, Statute of Repose, Summary Judgment, Wisconsin

Statute of Repose Doesn’t Apply in Reversal of Summary Judgment as Evidence Regarding Work Deemed Insufficient to Show an Improvement to Property

In this case, the plaintiff, Sandra Brezonick, alleged that the decedent, John Brezonick, was exposed to asbestos at various sites while working as a steamfitter in the Milwaukee area between 1966 and 2000. The plaintiff’s complaint alleged product liability, negligence and safe place statute claims under Wis. Stat. § 101.11 against numerous defendants. The defendants …

December 24, 2015 • Asbestos Case Tracker, Case Decisions, Maritime/Admiralty Law, New Jersey, Summary Judgment

Turbine Manufacturer Entitled to Summary Judgment Under Both Maritime Law and New Jersey State Law

The plaintiff in this case, Samuel Feaster, alleged exposure to asbestos while employed at a shipyards in New Jersey and Pennsylvania. Defendant General Electric Company (GE) moved for summary judgment based on maritime law arguing that there was no evidence that the plaintiff was exposed to asbestos from a product manufactured or supplied by them. The …

December 23, 2015 • Asbestos Case Tracker, California, Case Decisions, State, State>California

Strict Product Liability Claim Reinstated Against Plastering Contractor for Construction Work on Building Complex in 1970s

In this case, the plaintiff, Joel Hernandezcueva, alleged he was exposed to asbestos while working as a janitor in the Fluor complex in the 1990s. It was alleged that defendant E.F. Brady was a subcontractor doing drywall and plastering work with asbestos-containing materials manufactured by Kaiser and Hamilton during the construction of the complex in …

December 22, 2015 • Asbestos Case Tracker, Case Decisions, New York

New York Federal Court Grants Auto Repair Parts Defendants’ Motion to Transfer Case to Florida Federal Court

In this federal case, the plaintiff brought an action against defendants BASF Catalysts LLC, Superior Materials, Inc. and Whittaker, Clark & Daniels, Inc. for the asbestos exposure and death of her husband, Pedro Rosado-Rivera. The plaintiff alleges that each defendant sold an asbestos-containing auto body repair filler that the decedent worked with at auto shops …

December 21, 2015 • Asbestos Case Tracker, Case Decisions, Maryland, Summary Judgment

Pump Manufacturers Had a Duty to Warn Even Though Decedent Never Exposed to Original Pump Gaskets and Packing

The plaintiff, a widow, brought claims against pump manufacturers Air & Liquid Systems, Warren Pumps, and IMO Industries (defendants) for asbestos exposure sustained by her deceased husband while serving in the Navy for 20 years, from 1956 until 1976. The decedent died of mesothelioma. The defendants moved for summary judgment, arguing that they had no …

December 18, 2015 • Asbestos Case Tracker, Case Decisions, Damages, New York

Post-Trial Motion for Additur Granted, Increasing Mesothelioma Pain and Suffering Damages

The plaintiff’s decedent, Richard Voelker, was diagnosed with and died from mesothelioma. A personal injury action was pursued and resulted in a verdict awarding the Estate various damages, including a pain and suffering award of $250,000. The plaintiff filed a post-trial motion for additur arguing that the jury’s award for pain and suffering was inadequate …

December 18, 2015 • Asbestos Case Tracker, Case Decisions, State>California, Summary Judgment

California Court Relies on Absence of Evidence in Plaintiff’s Discovery Responses to Affirm Summary Judgment for Defendant Fluor

A husband and wife sued numerous defendants after the husband was diagnosed with asbestosis in 2011. Defendant Fluor moved for summary judgment, which the court granted, on the basis that the plaintiffs failed to establish a triable issue of fact that the plaintiff was exposed to asbestos from Fluor products. The appellate court affirmed. The …

December 14, 2015 • Asbestos Case Tracker, Case Decisions, FELA, State>Illinois, Summary Judgment

Railroad Company Obtains Summary Judgment on Appeal Based on Inadmissible Expert Report

The plaintiff in this case brought a wrongful death action against the Illinois Central Railroad Company pursuant to the Federal Employer’s Liability Act (FELA) for the death of her husband, Charles Jackson, Jr., who had worked on the railroad. Illinois Central’s motions for summary judgment, to strike the plaintiff’s expert, Michael J. Ellenbecker, were denied. …