Missouri Archives

Category: Missouri

May 31, 2016 • Case Decisions, Missouri, Remand/Removal

Diversity Jurisdiction Not Established Where Volkswagen Failed to Prove Fraudulent Joinder of Missouri Defendant

Nebraska plaintiffs filed an action in Missouri state court after the decedent died of mesothelioma. After five defendants remained, defendant Volkswagen filed for removal based upon diversity jurisdiction, and alleged that the defendant, J.P. Bushnell Packing Supply Company, a Missouri corporation, was fraudulently joined. This matter was before the court sua sponte to determine whether … Continued

May 25, 2016 • Case Decisions, Missouri, Remand/Removal

Cause Remanded to State Court After Federal Officer Defendants Dismissed

The plaintiff filed an asbestos suit in Missouri; defendant Crane Co. removed to federal court based on federal officer jurisdiction, in which Warren Pumps and CBS Corporation joined. All three defendants were dismissed and the plaintiff moved to remand, which the court granted. “…[I]f the federal party is eliminated from the suit after removal…the district … Continued

January 29, 2016 • Missouri, Significant Verdicts

Jury in St. Louis City, Missouri Awards Multi-Million Dollar Verdict to Wife of Lifelong Electrician

The plaintiff’s decedent was a lifelong electrician from 1963 to 2001 with a large number of work sites. The decedent died of mesothelioma at age 72. After numerous co-worker depositions, the case proceeded to trial against defendant The Okonite Company. The jury found that Okonite was negligent and assigned it 5 percent of the total … Continued

September 24, 2015 • Case Decisions, Expert Challenges, Maryland, Missouri

Missouri Court, Applying Maryland Law, Upholds $4 Million Verdict, Rejecting Arguments on Expert Challenges, Offsets, and Defective Damages Verdict

In this case, the plaintiff worked as a steamfitter between 1958 and 1983 at a variety of industrial and commercial sites. Of the original 57 defendants, only valve manufacturer Nibco, Inc. went to trial, which resulted in a $4 million plaintiff’s verdict with the trial court applying Maryland law. On appeal, Nibco raised four issues: … Continued

September 24, 2015 • Case Decisions, Missouri

Joint Compound Manufacturer’s Summary Judgment Overturned on Appeal Based on Issue of Fact of Plaintiff’s Contradictory Testimony

In this case, the plaintiff, David Bergstrom, claimed exposure to asbestos while working as a contractor installing drywall for various companies between 1962 and 2011. The trial court granted the defendant, joint compound manufacturer Welco, summary judgment based on the plaintiff’s testimony that he did not have any exposure to joint compound after 1979 and … Continued

September 4, 2015 • Case Decisions, Expert Challenges, Missouri, Summary Judgment

Court Provides Mixed Ruling in Applying Kansas Law and Granting Summary Judgment to One Defendant, but not the Other

In this case, the plaintiff, John New, alleged exposure to asbestos while working at various businesses in Kansas and Missouri. Defendants Hennessy Industries and Caterpillar Incorporated moved to apply Kansas law and for summary judgment. The court granted in part Hennessy’s motion and dismissed the plaintiff’s complaint. The court found that Kansas law “possesses the … Continued

September 4, 2015 • Case Decisions, Expert Challenges, Missouri

State of The Art Experts Drs. Markowitz and Rosner Found Qualified to Testify

In this case, the plaintiff, John New, alleged exposure to asbestos while working at various businesses in Kansas and Missouri. Defendant Caterpillar Incorporated moved to strike the expert state of the art testimony of historians Dr. Gerald Markowitz and Dr. David Rosner, arguing that “…(1) their testimony will not assist the jury in deciding any … Continued

March 17, 2015 • Case Decisions, Missouri

Appellate Court Reverses and Certifies an Asbestos Class Action for Medical Monitoring Costs

In 1983-84, it was alleged that during a retrofit project of the Jackson County courthouse, the contractors did not turn off the ventilation system, which allegedly caused asbestos to be circulated throughout the courthouse. “Dust containing asbestos fibers was blown and tracked throughout the Courthouse resulting in layers of dust accumulated throughout the Courthouse and … Continued

March 6, 2015 • Case Decisions, Illinois, Missouri, Pleadings Challenge

Challenges to Sufficiency of Asbestos Plaintiffs’ Pleadings Continue in Illinois and Missouri Federal Courts

In two decisions issued Thursday out of the Eastern District of Missouri and the Southern District of Illinois, the courts reached different conclusions as to whether the respective plaintiffs sufficiently pleaded causes of action against the defendants under Federal Rule of Civil Procedure 12(b)(6). In Campbell v. ABB Inc., the defendant Raypack moved to dismiss the … Continued