Author Archives: David M. Frohlichstein

John Crane Fails to Establish Personal Jurisdiction in RICO Claim Against Plaintiff Law Firm

Plaintiff John Crane Inc. brought a six-count complaint against defendants Simon Greenstone Panatier Bartlett, P.C., Jeffrey B. Simon, and David C. Greenstone, alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961, et seq., and common law claims for conspiracy and fraud in the U.S. District Court for the Northern District of Illinois, Eastern Division. The defendants contemporaneously filed a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim, however, as a matter of…

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Dissolved Company Failed to Meet Notice Requirements of Statute of Repose Superior Court of Rhode Island, March 13, 2017

Defendant Grover S. Wormer Company, individually and as successor-in-interest to Wright-Austin Company, brought a motion to dismiss the asbestos litigation filed on behalf of Frank D’Amico in the Superior Court of Rhode Island, Providence.  Wormer originally brought its motion under Super. R. Civ. P 12(b)(6) and contended that the plaintiff’s claims for liability are barred under Michigan’s Business Corporation Act Chapter 8 (the BCA), which governs the dissolution of corporations and provides a Statute of Repose to bar continued liability.  The plaintiff did not contest…

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Exception to Boiler Manufacturer’s Bare Metal Defense Found in Denial of Summary Judgment U.S. District Court for the District of Rhode Island, March 16, 2017

James Stevens served as a boiler technician aboard the USS Allagash from July 7, 1951 until October 11, 1952. The boilers on the Allagash were manufactured by Foster Wheeler and included asbestos containing materials in their construction. Foster Wheeler additionally provided additional asbestos containing materials to be used in the boilers. Mr. Stevens was diagnosed with mesothelioma and passed away in 2015. The plaintiffs brought suit against various defendants, including Foster Wheeler, in the U.S. District Court for the District of Rhode Island, alleging Mr.…

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$3.5 Million Punitive Damages Upheld Against Brake Manufacturer on Appeal Court of Appeal of California, Fifth Appellate District, March 17, 2017

James Phillips was diagnosed with mesothelioma in March of 2012 and died in February of 2013. In May of 2012, Phillips and his wife, Charity Phillips, filed a complaint seeking damages for personal injuries caused by asbestos in the Superior Court of Fresno County, California. In May 2013, after Phillips’s death, Charity, individually and as the personal representative of his estate, filed a first amended complaint alleging negligence and strict liability. The first amended complaint named more than 25 defendants engaged in the manufacture or…

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Expert Affidavit Does Not Create a Question of Fact for Nonmoving Party in Motion for Summary Judgment U.S. District Court for the District of Delaware, February 8, 2017

On February 8, 2017, the United States District Court for the District of Delaware granted Defendants Crane Co., Warren Pumps LL, and Air & Liquid Systems Corporation (Buffalo) separate motions for summary judgment with regards to all causation counts of the plaintiff’s complaint. The plaintiff asserted state law causes of actions against the defendants based on David MacQueen’s (the decedent) employment in the U.S. Navy. The decedent was aboard the U.S.S. Randolph and the U.S.S. Independence from 1956-60. The plaintiff alleged that Crane, Warren, and…

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Plaintiff’s Inconsistent Testimony is an Issue for Trial; Summary Judgment is Denied Superior Court of Delaware, New Castle, January 17. 2017

On January 17, 2017, the Superior Court of Delaware, New Castle denied RCH Newco II LLC’s (Newco) motion for summary judgment. The plaintiff, Jessie Hastings, alleged that he contracted colon cancer as a result of his exposure to Newco’s asbestos-containing product, Galbestos. Galbestos was a material that protected metal and roofing products. Mr. Hastings was the only product identification witness and testified in two depositions. In his first deposition, Mr. Hastings testified that he began working at DuPont’s Chestnut Run facility in 1951-52. He testified…

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U.S. Court of Appeals for the Fifth Circuit Finds Removal is Proper Under Federal Officer Removal Statute U.S. Court of Appeals for the Fifth Circuit, January 20, 2017

Plaintiff Howard Zeringue brought suit against Crane Co. and various other defendants in state court for injuries allegedly caused by exposure to asbestos. The plaintiff alleged that he was first exposed to asbestos in 1952 while he was deployed with the U.S. Navy and served in various capacities in the Navy aboard three vessels until 1956. The plaintiff also alleged he was later exposed to asbestos at two other jobs. However, the plaintiff did not provide the time period for his alleged post-naval exposure. Crane…

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Summary Judgment Affirmed Where Plaintiff Fails to Demonstrate the Frequency, Regularity, or Proximity of Decedent’s Alleged Exposure Superior Court of Pennsylvania, January 19, 2017

Appellant James Floyd, Jr.’s Father, James Floyd Sr. (the decedent), passed away after he was diagnosed with mesothelioma. Mr. Floyd alleged that the decedent was exposed to various asbestos-containing products, including AstenJohnson, Inc.’s dryer felts, while the decedent was employed at Sun Oil from 1939-1951 and at Scott Paper from 1951-1984. AstenJohnson made dryer felts used on paper machines that contained asbestos until 1980. Appellant provided deposition testimony that he worked with the decedent at Scott Paper from 1977-1984. Appellant testified that the decedent replaced…

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Louisiana Worker is a Statutory Employee Entitled Exclusively to Workers’ Compensation Benefits

Plaintiff James Fletcher was diagnosed with pleural mesothelioma in 2015. From 1988 until 1997, he worked in a tool trailer at the Exxon refinery in Baton Rouge, Louisiana. During that time, Fletcher was employed by J. E. Merit, a contractor that provided additional workers for Exxon during maintenance activities known as “turn-arounds.” On February 4, 2016, the Civil District Court in Orleans Parish, Louisiana rendered judgment after a trial on the merits that Fletcher was a statutory employee of ExxonMobil. Fletcher appealed a threshold determination…

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