Asbestos Case Tracker Archives

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October 28, 2015 • Case Decisions, Summary Judgment

Summary Judgment Affirmed for Two Defendants – One Based on Government Contractor Defense and One Due to No Exposure

The Ninth Circuit affirmed the granting of summary judgment to two defendants – Lockheed and UTC, as successor-in-interest to Pratt & Whitney. Summary judgment was affirmed as to Lockheed based on the government contractor defense. Lockheed introduced two affidavits establishing that the Untied States approved specifications requiring the use of asbestos in government aircraft. This … Continued

October 27, 2015 • Asbestos Litigation Analysis

Bacon is the New Asbestos! Really?

So, this is a perfect example of the realities of this world and how state of the art can be distorted. The World Health Organization has indicated that processed foods, such as bacon, sausage and hot dogs are in the same category as smoking and asbestos in terms of their potential to cause cancer. The … Continued

October 27, 2015 • Case Decisions, Federal Officer Jurisdiction, Kentucky

In Severing Late Third-Party Claims Against Defendant with Federal Defenses, Court Remands Case That had Been Litigated in State Court for Almost Two Years

In this case, an action was brought in Jefferson Circuit Court asserting state-law claims for the asbestos exposure and death of the decedent, Glen Brown. Defendant General Electric Company (GE) was granted leave to assert a third-party claim against Tennessee Valley Authority (TVA), who then removed the matter to federal court pursuant to 28 U.S.C. … Continued

October 27, 2015 • Case Decisions, Expert Challenges, New Jersey, Pennsylvania

Federal Court Applies Laws of New Jersey and the Third Circuit in Allowing Experts to Testify Regarding General, Not Specific, Causation in Case Alleging Renal Cancer

The plaintiff alleged that he developed renal cancer from asbestos exposure while working at the Philadelphia Navy yard, the New York Shipbuilding yard, and various automotive and electric shops in New Jersey. In July 2013, this case was removed to the federal court in Pennsylvania as part of MDL-875. Defendant Ford moved to exclude the … Continued

October 26, 2015 • Case Decisions, Pennsylvania, Summary Judgment

Years After Bankruptcy Case Closed, Reopening of Asbestos Claims by MDL Not Judicially Estopped Due to Failure to List Claims in Bankruptcy Petition

In 1997, the decedent’s claims for asbestos exposure against shipowners represented by Thompson Hine LLP were administratively dismissed, with the option of pursuing at a later date. In 1999, the decedent brought claims against various defendants, including the shipowners represented by Thompson Hine LLP. In 2001, the decedent received a separate cancer diagnosis that he … Continued

October 23, 2015 • Case Decisions, New York, Summary Judgment

Boiler Manufacturer Denied Summary Judgment Based on Plaintiff’s Contradictory Testimony on Product ID

In this NYCAL case, the plaintiff, Mark Ricci, claims secondhand exposure to asbestos from his father’s work with boilers, including boilers manufactured by defendant Cleaver-Brooks. During the testimony of the plaintiff’s father, Aldo Ricci’s, he originally answered that he did not recall observing anyone working on a Cleaver-Brooks boiler. Later, during plaintiff’s counsel’s questioning, Aldo … Continued

October 23, 2015 • Case Decisions, Federal Officer Jurisdiction, New York

Plaintiffs’ Motion for Leave to Amend Complaint to Delete Federal Question Neither Prejudicial Nor Futile Where Remaining Defendant’s Summary Judgment Motion Did Not Argue Federal Claims

The plaintiff was diagnosed with mesothelioma and filed suit against a sea of defendants in New York state court. After responding to interrogatories indicating that he was exposed to asbestos while in the Navy, Foster Wheeler timely removed this case to federal court based upon the federal government-contractor defense. When the only defendant remaining was … Continued

October 23, 2015 • Case Decisions, Maritime/Admiralty Law, Washington

Maritime Law Applied to Plaintiffs’ Claims and State Court Filing Retained Plaintiffs’ Right to a Jury Trial

In this federal court case, defendant Crane asserted that state law should apply to some aspects of plaintiffs’ claims, while the parties appeared to agree that maritime law applied generally to the matter. The court examined this case sua sponte on the issue of whether maritime or state law governed the remaining claims of the … Continued

October 21, 2015 • California, Case Decisions, Summary Judgment

Talc Manufacturer’s Motion to Quash Granted Based on Lack of Specific Personal Jurisdiction

In this California case, the plaintiffs allege that the decedent, Oscar Villanueva, was exposed to asbestos contaminated talc from the use of Old Spice Talcum powder. Defendant Whittaker, Clark & Daniels, Inc. (WCD) was one of the suppliers of talc to Shulton, Inc. (Shulton), the former manufacturer of the Old Spice product. WCD moved to … Continued

October 21, 2015 • Case Decisions, Federal Officer Jurisdiction, Illinois

Case Remanded Based on Dismissal and Settlement of Defendants with Federal Defenses

This case was originally filed in the Third Judicial Circuit in Madison County. The defendant, Crane Co., removed based on the Federal Officer Removal Statute 28 U.S.C. 1442(a)(1) and defendant General Electric Company (GE) joined in. The plaintiff moved to remand the case and GE was the only defendant to oppose. Prior to the court rendering … Continued