Author Archives: Asbestos Case Tracker

Joe Welter to Speak at Upcoming Talc Seminar

On Wednesday November 1, 2017, Joseph J. Welter, partner and chair of Goldberg Segalla’s Toxic Tort and Environmental Practice Group, will be speaking at Cardno ChemRisk’s Talc Seminar in Las Vegas.  This half-day seminar will feature several topics, including:

  • The mineralogy and epidemiology of cosmetic talc
  • Historical perspectives on talc, along with its asbestos content and potential health risks
  • Emerging strategies in talc litigation
Joe will present “Talc and Ovarian Cancer: The Dilution of Scientific Causation.” For nearly three decades, Joe has served as national,…

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We Need Your Vote!

Attention blog readers! We are proud to announce that Asbestos Case Tracker has made it to the voting round in The Expert Institute’s “2017 Best Legal Blog Contest.”  Over the past month, this contest received thousands of nominations, which were then narrowed to the “most exciting, entertaining, and informative legal blogs online today.” To vote for this blog, visit The Expert Institute’s contest page here and click “vote” for Asbestos Case Tracker. Only one vote is allowed per IP address, so please try voting on…

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Various Defendants Granted Summary Judgment Under Maritime Law Bare Metal Defense U.S. District Court for the District of Delaware, August 31, 2017

Plaintiffs Stephen and Marilyn Charlevoix filed this asbestos related personal injury action in Delaware Superior Court against multiple defendants on July 10, 2015. Crane removed the action to this court on August 21, 2015. The plaintiff stated that Mr. Charlevoix was first exposed to asbestos-containing products during his service as a boiler tender with the U.S. Navy from 1961 to 1964 aboard the USS Valley Forge. After his service in the Navy, Mr. Charlevoix worked at Grede Foundry from 1964 to 1966 as a grinder.…

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Court Denies Partial Motion for Summary Judgment on Punitive Damages Against John Crane While Granting Full Summary Judgment for Other Defendants U.S. District Court for the District of Delaware, August 30, 2017

Icom Henry Evans and Johanna Elaine Evans filed an asbestos related personal injury action in the Delaware Superior Court against multiple defendants on June 11, 2015, asserting injuries arising from Mr. Evans’ alleged harmful exposure to asbestos. Defendant John Crane filed a partial motion for summary judgment as to the plaintiffs’ punitive damages claim. John Crane admits to having knowledge of the hazards of asbestos by 1970. However, the parties dispute whether John Crane had knowledge of the hazards of asbestos before 1970. The parties…

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Plaintiff’s Issues on Appeal Ruled Non-Prejudicial, Insulation was Not a Substantial Cause United States Court of Appeals, Seventh Circuit, August 31, 2017

Charles Kirk brought suit against Owens-Illinois and Exxon Mobil alleging that his lung cancer was caused by exposure to asbestos containing material.  From 1954 until 1960 Plaintiff worked aboard navy vessels removing insulation produced by Owens–Illinois, Inc., which he claimed exposed him to asbestos fibers. And for two weeks, he worked as an independent contractor at Exxon Mobil’s  Joliet refinery replacing heaters that Plaintiff claimed were insulated with asbestos. Mobil presented counter-evidence that the insulation at its refinery did not contain asbestos.  Notably, Plaintiff smoked…

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Tire Manufacturer Found Grossly Negligent on Appeal of Jury Verdict Court of Appeals of Texas, Dallas, August 31, 1027

Carl Rogers was a longtime employee of The Goodyear Tire & Rubber Company.  After he died of mesothelioma, his wife, Vicki Rogers, brought suit against Goodyear.  At the conclusion of a three-week trial, the jury found by clear and convincing evidence that asbestos fibers from the Goodyear Tyler facility were a proximate cause of Carl’s mesothelioma that resulted in his death. The jury also found by clear and convincing evidence that Carl’s death resulted from Goodyear’s gross negligence. The jury also determined that $15 million…

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Brake Manufacturer’s Motion for Summary Judgment Granted Based on Statute of Limitations Superior Court of Delaware, August 29, 2017

The plaintiff brought suit in Delaware contending that David Bagwell contracted lung cancer from Pneumo Abex’s products. Bagwell was diagnosed in May 2009 and passed away from cancer on January 28, 2010. Plaintiff contacted an attorney regarding this matter in August or 2012. This matter was ultimately filed on June 2, 2014. Under South Carolina law, the defendant argues that the plaintiff’s case must be dismissed because wrongful death claims must be filed within three years of the date of the decedent’s death. However, Delaware…

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Shipyard Fails to Show Nexus Required for Federal Jurisdiction U.S. District Court for the Eastern District of Louisiana, August 15, 2017

Plaintiff George K. Mayeaux alleged he suffered exposure to asbestos and asbestos-containing products that were manufactured, sold, installed, distributed, and/or supplied by a number of defendant companies while employed by defendant Avondale Industries, Inc. This matter was removed to the United States District Court for the Eastern District of Louisiana. The plaintiff filed a Motion to Remand back to the Civil District Court for the Parish of Orleans in Louisiana. The plaintiff alleged that he was employed by Avondale from 1963 to 2009. During that…

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Pipe Manufacturer’s Evidence Not Enough Under Causation Standard for pre-1982 claims; Summary Judgment Denied Superior Court of Delaware, August 17, 2017

The plaintiffs filed an action in the Superior Court of Delaware against defendant CertainTeed Corporation alleging that the plaintiff, Jack Trousdale, was exposed to asbestos from CertainTeed’s products. The plaintiffs contend that Mr. Trousdale purchased a flat-bed tractor trailer in 1972 to work as an independent truck driver, and as part of his job Mr. Trousdale shipped CertainTeed pipe. The plaintiffs presented evidence that the defendant sold asbestos-cement pipe from Ambler, Pennsylvania from 1962 through 1982. CertainTeed filed a motion for summary judgment. The court…

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Compressor Manufacturer’s Appeal Denied Based on Finding of Substantial Contribution to Decedent’s Disease Court of Appeal of Louisiana, Third Circuit, August 2, 2017

Myra Williams died on August 8, 2013 of complications from malignant mesothelioma. Plaintiff Jimmy Smith, along with his four children, filed suit against several defendants alleging that their products cause Myra’s mesothelioma. Smith alleged that he was exposed to asbestos fibers while working at the Placid Oil Facility in Natchitoches, Louisiana. Smith unknowingly brought fibers and dust home on his clothing after each day of work. Myra would handle and wash Jimmy’s clothing, and sustained what is commonly referred to as bystander asbestos exposure. Ingersoll–Rand…

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