Asbestos Case Tracker

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June 21, 2021 • Asbestos Case Tracker, Asbestos Litigation Analysis, Pennsylvania

Court Grants Valve Defendant’s MSJ Finding Plaintiff Failed to Proffer Sufficient Exposure Evidence

U.S. District Court for the Western District of Pennsylvania, June 17, 2021 Plaintiff sued Defendant Honeywell Inc. and various manufacturers and distributors alleging that decedent developed mesothelioma from exposures to Defendant Honeywell’s asbestos-containing products. Plaintiff alleged decedent was exposed to asbestos from Honeywell’s controls, valves, and instruments while working at the SM-1 facility in Virginia …

June 17, 2021 • Asbestos Case Tracker, Maritime/Admiralty Law, Pennsylvania, Summary Judgment

Two Defendants Obtain Summary Judgment Due to Insufficient Evidence as Required by Applicable Law

U.S. District Court for the Eastern District of Pennsylvania, June 15, 2021 As previously reported by Asbestos Case Tracker, the plaintiff alleges that the decedent Richard Nybeck developed lung cancer following occupational exposure to asbestos. Defendants Ford Motor Company (Ford) and defendant, Air & Liquid Systems Corporation, as successor by merger to Buffalo Pumps, Inc. …

June 11, 2021 • Asbestos Case Tracker, Summary Judgment

Brake Grinding Machine Manufacturer Granted Summary Judgment on Lack of Product Nexus

Superior Court of Delaware, New Castle In this asbestos action, plaintiff Shelley Droz alleged that decedent Eric Droz developed mesothelioma after being exposed to asbestos from using an AMMCO brake arcing machine and grinder. Defendant Hennessey moved for summary judgment, arguing that the plaintiff had not established that the decedent was exposed to asbestos from …

June 10, 2021 • Asbestos Case Tracker, Mississippi, Motion for Reconsideration, Summary Judgment

Brake Manufacturer’s Grant of Summary Judgment Upheld on Reconsideration Due to Lack of Causation

U.S. District Court for the Southern District of Mississippi, Southern Division, June 9, 2021 The plaintiffs, William and Karla Dickens, allege that William Dickens developed mesothelioma due to his exposure to asbestos-containing products during automotive mechanical work. The plaintiffs sued multiple defendants, including Ford Motor Co. (Ford). Ford moved for summary judgment in two motions, …

June 9, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Floor Tile Manufacturer Denied Summary Judgment Due to Issues of Fact

Supreme Court of New York, New York County, May 19, 2021 Defendant The Goodyear Tire & Rubber Company filed a motion for summary judgment pursuant to CPLR 3212 arguing that the only product manufactured by defendant which matches plaintiff Pietro Camiolo’s (the decedent) description of the alleged asbestos product he worked with, never contained asbestos, …

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June 8, 2021 • Asbestos Case Tracker, California, State, State>California

Court Grants New Trial to Boiler Defendant Based on Improper Jury Instruction Regarding Causation

Court of Appeal of California, Second Appellate District, Division One, June 4, 2021 The decedent worked as a plumber in Michigan from 1969 to 1976. The plaintiff contends the decedent was exposed to asbestos during this time when working with boilers manufactured by Weil-McLain Company, Inc. (now a division of The Marley-Wylain Company (MW)). The …

June 7, 2021 • Asbestos Case Tracker, General

Study Identifies New Genetic Mutation Linked to Mesothelioma—LRRK2

In a study published on May 18, 2021 in Human Molecular Genetics, researchers at Fox Chase Cancer Center in Philadelphia, along with a team of international researchers, identified another genetic mutation, in addition to BAP1, that may predispose individuals to malignant mesothelioma. The authors of the study, which was overseen by Joseph R. Testa, PhD, …

May 27, 2021 • Appeal, Asbestos Case Tracker, Verdict

Plaintiff’s Verdict Reversed Based on Jury Charge Errors on Failure to Warn and Medical Causation

Superior Court of New Jersey, Law Division, May 26, 2021 In this case, the plaintiff filed suit as personal administer of her husband’s estate against defendant Union Carbide. The jury returned a verdict in the plaintiff’s favor on the claims of strict liability and negligent failure to warn. Union Carbide appealed, arguing that a new …

May 27, 2021 • Asbestos Case Tracker, Remand/Removal

Motion to Remand Granted Based on Lack of Diversity in Action Against Oil Refinery

United States District Court for the District of the Virgin Islands, Division of St. Croix, May 25, 2021. In this action, the plaintiffs, multiple former oil refinery workers, asserted state law tort claims for asbestos-related injuries against Hess Corp. and Hess Oil Virgin Islands Corp. (HOVIC). Hess is a Delaware corporation based in New York. …

May 27, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Flooring Manufacturers’ Summary Judgment Reversed due to Question of Fact on Causation

Supreme Court of New York, Appellate Division, Second Department, May 26, 2021 The plaintiff, Victoria Pistone, and her husband, suing derivatively, brought this asbestos action against American Biltrite, Inc. and Mannington Mills, Inc., among other defendants. The defendants moved separately for summary judgment based on a lack of causation. Judge George R. Peck granted summary …