Author: Jason A. Botticelli

Case Decisions / Federal Officer Jurisdiction / Louisiana
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Case Against Crane Remanded to State Court Based on Lack of Evidence of the Exercise of Government Discretion Under the Federal Officer Removal Statute

In this case, the plaintiff alleged asbestos exposure from various sources, including from his time aboard Naval vessels during the Korean War. Defendant Crane removed the case to federal court pursuant to 28 U.S.C.1442(a)(1), the federal officer removal statute.  The plaintiff moved to remand the case, arguing that Crane did not meet the standard to remove under the statute.

In opposition to the remand, Crane submitted a 2011 affidavit from one of its officers stating that “the manufacture of equipment for use on Navy vessels …

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Case Decisions / Maritime/Admiralty Law / New Jersey / Summary Judgment
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Turbine Manufacturer Entitled to Summary Judgment Under Both Maritime Law and New Jersey State Law

The plaintiff in this case,  Samuel Feaster, alleged exposure to asbestos while employed at a shipyards in New Jersey and  Pennsylvania. Defendant General Electric Company (GE) moved for summary judgment based on maritime law arguing that there was no evidence that the plaintiff was exposed to asbestos from a product manufactured or supplied by them.

The court applied maritime law and granted GE’s motion. The court stated that under maritime law, the plaintiff must show that he was exposed to the defendant’s products and the …

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California / Case Decisions
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Strict Product Liability Claim Reinstated Against Plastering Contractor for Construction Work on Building Complex in 1970s

In this case, the plaintiff, Joel Hernandezcueva, alleged he was exposed to asbestos while working as a janitor in the Fluor complex in the 1990s. It was alleged that defendant E.F. Brady was a subcontractor doing drywall and plastering work with asbestos-containing materials manufactured by Kaiser and Hamilton during the construction of the complex in the 1970s. During trial and following completion of the plaintiff’s case in chief, Brady’s motion for partial nonsuit dismissing the plaintiff’s claims of strict liability, misrepresentation, and intentional failure to …

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Case Decisions / New York
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New York Federal Court Grants Auto Repair Parts Defendants’ Motion to Transfer Case to Florida Federal Court

In this federal case, the plaintiff brought an action against defendants BASF Catalysts LLC, Superior Materials, Inc. and Whittaker, Clark & Daniels, Inc. for the asbestos exposure and death of her husband, Pedro Rosado-Rivera. The plaintiff alleges that each defendant sold an asbestos-containing auto body repair filler that the decedent worked with at auto shops in New York, Puerto Rico, and Florida.  The defendants moved to transfer the case to The United States District Court for the Middle District of Florida.

The court granted the …

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Case Decisions / FELA / Illinois / Summary Judgment
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Railroad Company Obtains Summary Judgment on Appeal Based on Inadmissible Expert Report

The plaintiff in this case brought a wrongful death action against the Illinois Central Railroad Company pursuant to the Federal Employer’s Liability Act (FELA) for the death of her husband, Charles Jackson, Jr., who had worked on the railroad. Illinois Central’s motions for summary judgment, to strike the plaintiff’s expert, Michael J. Ellenbecker, were denied. Illinois Central’s petition for an interlocutory appeal was granted.

In its review, the court found that Ellenbecker’s opinions submitted in opposition of the motion for summary judgment was inadmissible since …

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Significant Verdicts
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Pump/Valve Manufacturer Found Not Liable After Three-Week Trial

In this case, the plaintiff alleged that the decedent, William Robinson, died from pleural mesothelioma as a result of his asbestos exposure while working at Allied Chemical from 1968 to 1998.  Defendant Flowserve Corporation, f/k/a The Duriron Company, which manufactured Duriron/Durco pumps and valves, was represented by Chris Massenburg and Max Swetman of Manion Gaynor & Manning LLP and local counsel Jeff Meyer of Murane & Bostwick.  Following a three week trial, the plaintiff’s counsel sought a $10 million verdict.  However, the jury ruled in …

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Other Asbestos News
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Ford Seeking Discovery and Sanctions Against Co-Defendant John Crane Alleging Collusion With Plaintiffs to Keep Cases in State Court.

In November, Ford’s counsel brought a motion seeking sanctions against John Crane and its attorneys and plaintiff’s counsel. Ford alleges that John Crane has continuously cooperated with plaintiffs in remaining in cases as a “straw man” to prohibit removal to federal court. Genuine Parts Company joined in with the motion, but subsequently asked to withdraw the part of its motion seeking sanctions.

On December 4, 2015,  Crane responded that Ford’s motion is nothing more than a “witch hunt” and that there is no agreement between …

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Case Decisions / Illinois / Maritime/Admiralty Law / Summary Judgment
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Applying Maritime Law, Plaintiff Unable to Provide Sufficient Evidence Linking Decedent to Any John Crane Product

In this federal court case it was alleged that the decedent, Richard Bell, was exposed to asbestos while serving on the USS Franklin D. Roosevelt from 1960-64.  Defendant John Crane Inc. moved for summary judgment, arguing that maritime law applies and the plaintiff’s evidence fails to prove that decedent was exposed to any of its asbestos-containing products or that the products were a substantial factor in decedent’s lung cancer.

The plaintiff did not oppose the application of maritime law.  The court spelled out that for …

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Case Decisions / Federal Officer Jurisdiction / Illinois
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Federal Court Grants Remand to Madison County Based on Plaintiff’s Waiver of Any Claims Related to His Military Service

In this case, the plaintiff originally filed the action in the Third Judicial Circuit, Madison County, Illinois alleging exposure to asbestos as an aircraft mechanic, helicopter mechanic, and laborer at various locations throughout the United States between 1958 and 2006. The plaintiff’s work on helicopters was while he served in the U.S. Army.  Defendant Boeing removed the case to federal court based on the federal officer removal statute. The plaintiff moved for a remand based on his previously filed waiver of all claims related to …

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Case Decisions / Motions in Limine / New York
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NYCAL Court Grants Spoliation Motion Against Pipe Manufacturer for Lost and Destroyed Company Documents

In this NYCAL case, it was alleged that the decedent was exposed to asbestos from work he and others in his vicinity performed with Johns Manville (JM) transite pipe. The plaintiff moved for a spoliation charge, alleging that in 1990 JM was grossly negligent in the disappearance of more than 10 banker boxes of business records when transferring headquarters and in 1997 intentionally destroyed another 27 boxes of business records. The documents destroyed in 1997 were done so by James Richert, a former JM employee …

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