Author: Asbestos Case Tracker

Mesothelioma
Summary Judgment / Washington
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Lack of Causation Entitles Valve/Gasket Defendants to Summary Judgment

Court: United States District Court for the Western District of Washington

This case arises out of the death of decedent Thomas Deem from mesothelioma, which the plaintiff alleges was caused by the decedent’s exposure to asbestos through his work as a machinist at the Puget Sound Naval Shipyard. The court previously dismissed the plaintiff’s claims against numerous defendants, and only three defendants remain, each of whom has motions for summary judgment pending before the court.

Each remaining defendant’s primary defense to the plaintiff’s claims is …

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Judge chamber with gavel
Louisiana / Summary Judgment
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Inconsistent Testimony Not Sufficient to Preclude Summary Judgment for Employer Defendant

Court: Court of Appeal of Louisiana, Fourth Circuit

In this fact-specific case, the plaintiff alleged the decedent Joyce Allen was exposed to asbestos through her husband, Odell Allen, who worked as a longshoreman and freight handler for various employers on the New Orleans riverfront from the 1960s to the 1980s. Defendant Ports America filed a motion for summary judgment, asserting there was no evidence Allen was exposed to asbestos while employed by Ports America. In support of its motion, Ports America submitted depositions of its …

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person testifying
Expert Testimony / New Jersey / Summary Judgment
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Defendant Obtains Summary Judgment Due to Inadmissible Expert Testimony

Court: Superior Court of New Jersey, Appellate Division

Decedent Joseph Murray worked for the defendant Consolidated Rail Corporation (Conrail) from 1976 to 2011 as a brakeman/conductor. His wife filed a wrongful death and survival action citing the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60, and the Locomotive Inspection Act, 49 U.S.C. §§ 20701-20703. The plaintiff alleged that decedent had been exposed to harmful amounts of asbestos and various fumes while working for Conrail and that his lung cancer, tongue cancer, and subsequent death …

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Law theme. Judge chamber.
Louisiana / Summary Judgment
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Asbestos Distributor Defendant Obtains Summary Judgment Due to Lack of Identification

United States District Court for the Eastern District of Louisiana, Jan. 13

Plaintiff Glen King  alleged that his exposure to asbestos during the course of his employment with the United States Navy, Louisiana State University, and BASF Corporation caused him to develop mesothelioma. He sued various defendants including Union Carbide, alleging in his negligence claim that Union Carbide supplied asbestos-containing products to his worksites and failed to adequately warn him of the presence of asbestos and the health hazards associated therewith. This matter was removed …

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Money-wrapped by gavel
Punitive Damages
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Asbestos Year in Review: Punitive Damages in Asbestos Litigation

In asbestos litigation, it is common for plaintiffs to demand punitive damages, alleging that the conduct of some or all of the defendants was so egregious that the defendants must pay exemplary damages. Unlike compensatory damages, the purpose of punitive damages is not to compensate the plaintiff but rather to punish a defendant for reckless and wanton acts and to discourage the defendant and others from acting in a similar way in the future.

While compensatory damages are rooted in actual expenses, the value of …

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Mesothelioma
California / Expert Testimony / Summary Judgment
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Valve Defendants Obtain Summary Judgment Due to Lack of Causation Evidence

Court: United States District Court for the Central District of California

In this action, the plaintiffs alleged that the decedent, John Carpenter, contracted and died from mesothelioma due to exposure to asbestos, which occurred in part during his service in the Navy. Before the court are two motions: defendant Nibco Inc.’s motion for summary judgment or in the alternative summary adjudication (the “Nibco Motion”); and defendant Asco Valve Inc.’s (“Asco”) motion for summary judgment (the “Asco Motion”).

Four of the decedent’s coworkers testified about the …

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Hand on bible, swearing in
North Carolina / Personal Jurisdiction
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Plaintiffs Allowed Additional Discovery to Establish Personal Jurisdiction over Hydraulic-Pump Defendant

Court: United States District Court for the Eastern District of North Carolina, Western Division

Plaintiffs William Weaver and Judy Weaver filed suit, claiming that William Weaver was exposed to the defendants’ asbestos-containing products while employed as a railway yard worker from approximately 1966 to 1977. One of the defendants, Eaton Hydraulics LLC f/k/a Eaton Hydraulics Inc. — sued as successor to Vickers Inc. (“Eaton”) — filed an original and renewed motion to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure …

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Mesothelioma
Louisiana / Summary Judgment
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Plaintiffs Granted Partial Summary Judgment Based on “Substantial Factor” Standard

United States District Court for the Middle District of Louisiana, October 21, 2022

The plaintiffs allege that Decedent Kirk Reulet was asbestos to asbestos throughout his 45-year career. The plaintiffs seek summary judgment on two issues: First whether Decedent developed mesothelioma prior to his death; and second, whether mesothelioma resulted in his death.

In December 2018, Decedent was diagnosed with peritoneal mesothelioma. Decedent died two weeks later on January 2, 2019. Decedent’s death certificate lists four “diseases, injuries, or complications … that directly caused the …

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judge's gavel and books
Massachusetts / Summary Judgment
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Gasket/Packing Manufacturer Fails Government Contractor Defense

United States District Court for the District of Massachusetts, October 21, 2022

In this case, the plaintiffs Arnold and Ruth Pritt allege that Arnold Pritt (“Plaintiff”) was exposed to asbestos while serving in the U.S. Navy in the 1960s. Among other products, the plaintiff alleges that he was exposed to asbestos from John Crane packing and gaskets. Defendant John Crane filed a motion for summary judgment, asserting that the plaintiffs’ claims for failure to warn and design defect are barred by the government contractor defense …

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Louisiana / Summary Judgment
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Carpentry Subcontractor Not a ‘Manufacturer’; Obtains Partial Summary Judgment

United States District Court for the Eastern District of Louisiana, September 8, 2022 

Plaintiff Ora Jean Adams alleges she developed lung cancer from secondhand asbestos exposure from laundering the clothing of her deceased husband. Decedent worked at Avondale in the 1970s as a pipefitter and welder on various vessel construction projects. The plaintiff contends that defendant Hopeman Brothers Inc. was an Avondale subcontractor that performed marine carpentry or “joiner” work while decedent worked at Avondale, and that Hopeman provided both marine carpentry services and the …

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