Author Archives: Gregory M. McNamee

Illinois Appellate Court Affirms Summary Judgment on Conspiracy Claims Appellate Court of Illinois, June 19, 2018

ILLINOIS — The plaintiff, James Johnson, was diagnosed with asbestosis after working with insulation products in the construction industry, beginning in 1965. He filed suit against numerous defendants, and included a claim that Pneumo Abex LLC, Owens-Illinois, Inc., Metropolitan Life Insurance Company and Honeywell International, Inc. were involved in a civil conspiracy to conceal the dangers of asbestos. The trial court thoroughly reviewed the evidence obtained during discovery and presented at hearings, including the Saranac Study, and determined there was not clear and convincing evidence…

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3M’s Motion for Summary Judgment Regarding Allegedly Defective Respirators Denied USDC for the Western District of Wisconsin, June 1, 2018

WISCONSIN – In a consolidated case, two plaintiffs asserted strict liability and negligence claims against 3M regarding respirators they wore at a factory which manufactured fireproof doors containing asbestos cores. Both plaintiffs developed mesothelioma from alleged asbestos exposure. The plaintiffs were employed by Weyerhauser for approximately 40 years each. In 1972, a company memo required all employees to wear respirators whenever mineral core was machined or sanded. Testimony provided that plaintiffs wore 3M masks. In that same year, 3M received the necessary certificate of approval…

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Seventh Circuit Upholds Dismiss of John Crane’s Fraud Suit Against Plaintiff’s Counsel Based Upon Lack of Personal Jurisdiction Seventh Circuit Court of Appeals, June 4, 2018

ILLINOIS – John Crane filed separate lawsuits against two plaintiffs’ law firms, Shein Law Center and Simon Greenstone Panatier Bartlett, alleging fraud, conspiracy and violations of the RICO Act related to asbestos lawsuits filed by the firms against John Crane. Shein Law Center is based in Pennsylvania, while Simon Greenstone is based in Texas. John Crane is an Illinois resident. John Crane filed suit against the firms in the Northern District of Illinois. The district court dismissed both matters due to a lack of personal…

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Iowa Supreme Court Clarifies Issues in Appeal of $6.5 Million Verdict Supreme Court of Iowa, June 1, 2018

IOWA — In 2014, the Estate of Larry Kinseth prevailed in a trial against boiler manufacturer, Weil-McLain, in Iowa District Court for Wright County. The plaintiff was awarded $4 million in compensatory damages, of which Weil-McLain was assessed 25 percent liability. The plaintiff then successfully argued for the application of punitive damages against Weil-McLain, and the jury awarded $2.5million in that phase of the trial. Weil-McLain appealed, based mostly on the conduct of the plaintiff’s counsel during closing arguments, and was successful on appeal in…

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Minnesota Court of Appeals Affirms Verdict Against Honeywell Court of Appeals of Minnesota, May 21, 2018

MINNESOTA —  In an unpublished opinion, the Minnesota Court of Appeals affirmed four trial rulings made by the district court. The plaintiff, Ronald Conda, filed a lawsuit in July 2015 against numerous defendants, including Honeywell, alleging asbestos exposure caused his mesothelioma. The plaintiff passed and the complaint was amended into a wrongful death action. The case was first tried before a jury in the spring of 2016. The court granted Honeywell’s motion for a new trial on the basis that plaintiff’s counsel improperly displayed documents…

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Motion to Dismiss Based Upon Lack of Personal Jurisdiction Denied in Maritime Case Motion to Dismiss Based Upon Lack of Personal Jurisdiction Denied in Maritime Case, May 18, 2018

LOUISIANA —  The plaintiff, Robert Schindler, filed suit against Dravo Basic Materials Company, Inc. (Dravo), to recover for injuries caused by his development of mesothelioma from allegedly being exposed to asbestos while working for three months in 1973 on a ship owned by Dravo. The ship was operated in Lake Pontchartrain during the relevant time period. The plaintiff filed his complaint under maritime law on November 21, 2017. Dravo responded by filing a motion to dismiss based upon a lack of personal jurisdiction. Dravo argued…

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Supreme Court Accepts Review of Bare-Metal Defense Under Maritime Law U.S. Supreme Court, May 14, 2018

On May 14, 2018, the U.S. Supreme Court accepted the petition of Air & Liquid Systems, CBS Corporation and Foster Wheeler to resolve a split among circuits regarding the viability of the bare metal defense under maritime law. Specifically, the parties appealed the Third Circuit’s ruling in October 2017 that the bare metal defense is inapplicable to negligence claims under maritime law. That opinion was previously analyzed by this blog post. The Supreme Court will resolve a split on the issue between the Third…

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Summary Judgment Granted and Request for Continuance Denied Based Upon Lack of Evidence U.S. District Court for the Northern District of California, April 16, 2018

CALIFORNIA — Defendant, Rohr, Inc., filed a motion for summary judgment based upon a lack of evidence demonstrating the plaintiff was exposed to a Rohr product. The plaintiffs opposed the motion, but failed to present any such evidence in support of their opposition. The plaintiffs also filed a motion to continue, pursuant to Federal Rule of Civil Procedure 56(d), for additional time to conduct discovery. To succeed on such a motion, the moving party must show: 1) an affidavit setting forth the specific facts to…

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Case Remanded Based Upon Lack of Fraudulent Joinder U.S. District Court for the District of South Carolina, April 16, 2018

SOUTH CAROLINA — The plaintiff filed a lawsuit in the Court of Common Pleas for Darlington County, South Carolina, alleging that Bertila Boyd-Bostic suffered from mesothelioma due to asbestos exposure in the 1980s. On March 2, 2018, a Third Amended Complaint was filed, alleging that Johnson & Johnson, Imerys Talc America, Rite Aid of South Carolina and others were liable for Ms. Boyd-Bostic’s mesothelioma, based upon her use of baby powder. The recently-joined defendants removed the case on April 6, 2018. The plaintiff filed an…

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Motion for Reconsideration Based Upon Change in Law Denied as Untimely U.S. District Court for the District of Delaware, April 9, 2018

DELAWARE — Plaintiffs Icom and Johanna Evans filed a lawsuit on June 11, 2015 in Delaware Superior Court relating to Mr. Evans’ alleged asbestos exposure. Foster Wheeler removed the matter to federal court on August 4, 2015, pursuant to the federal officer removal statute. Defendants Foster Wheeler and Warren Pumps filed motions for summary judgment in October 2016. Both motions were opposed. The district court issued a Report and Recommendation (R&R) on August 30, 2017, recommending that the motions be granted pursuant to maritime law,…

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