Author Archives: Scott J. McDowell

Plaintiffs’ Daubert Challenge Denied as Expert Disclaims Causation Expertise United States District Court, D. Maryland, July 17, 2017

Plaintiffs filed their Daubert challenge seeking exclusion of Georgia Pacific’s Certified Industrial Hygienist, Donald Marano. Plaintiff argued that Mr. Marano would offer qualitative and quantitative exposures of Plaintiff along with the risk and causation of Mr. Arbogast’s mesothelioma. Georgia Pacific countered with the position that Mr. Marano has “repeatedly disclaimed any expertise on causation and has confined his opinion to explaining the risk assessments performed by various agencies and organizations and offering his risk assessment opinion based on the analysis that his profession is trained…

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Exclusion of Plaintiffs’ Causation Experts Leads to Granting of Summary Judgment United States District Court, D. Maryland, July 17, 2017

Plaintiffs filed suit against Georgia Pacific (“GP”) and Union Carbide Corporation (“UCC”) alleging Mr. Rockman’s peritoneal mesothelioma was caused by exposure to asbestos for which both Defendants were responsible. Specifically, Mr. Rockman claimed “bystander” exposure to GP’s Ready Mix joint compound that contained UCC’s Calidria chrysotile asbestos during residential renovations in 1965, 1973 and 1976. Plaintiff stated that he was exposed during his time living in a Brooklyn apartment when a ceiling was repaired in 1965, again in 1973 during wall repair in Baltimore, MD…

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Plaintiff Failure to Establish Retailer’s Knowledge of Danger of Asbestos Leads to Summary Judgment Superior Court of Delaware, July 12, 2017

Plaintiffs brought this suit against multiple defendants for Mr. Glaser’s alleged asbestos related injuries. Scott Glaser alleged that he was exposed to asbestos floor tile sold by Sears and Roebuck (“Sears”) while working for various employers. His work required him to clean up “scraps or pieces of floor tile off the floor.” Defendant took the position that it was a retailer and never “mined, milled, processed, or distributed wholesale asbestos containing products.” The Court noted that under Michigan law for a products liability action, a…

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Summary Judgment Denied Upon Showing that Defendant’s Boilers Contained Asbestos Gaskets and Rope Superior Court of Delaware, July 12, 2017

Plaintiff Clarence Dionne filed suit against several defendants including Cleaver Brooks alleging that he was exposed to asbestos while working at the Bay Area Medical Facility. Plaintiff alleged that he “scraped off the rope gaskets and supervised this task” on the doors of Defendant’s boilers. Not only did he personally perform this work but he also supervised others in the process. After a promotion in 1975, he took on the task of ordering replacement parts through his secretary. The replacement gaskets and insulation were supplied…

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Summary Judgment Granted upon Plaintiff’s Failure to Establish Replacement Parts Supplied by Valve Defendant Superior Court of Delaware, July 12, 2017

Plaintiff brought this action against several defendants including Fairbanks Company alleging exposure to asbestos while working with Defendant’s valves. Specifically, Plaintiff recalled working with globe, gate and ball valves for various employers and locations. Plaintiff also testified that he replaced packing in the valves and personally removed external insulation to repair the valves. Plaintiff assumed that the packing he encountered contained asbestos based on the high heat application of the equipment. Fairbanks argued that no evidence pointed to it having made asbestos packing Plaintiff encountered.…

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Timely Removed Take-Home Exposure Case Remanded for Failure to Establish Colorable Federal Defense U.S. District Court for the Eastern District of Louisiana, June 19, 2017

The plaintiffs filed suit against several defendants including Avondale alleging that their decedent, Ms. Blouin, contracted mesothelioma after washing the laundry of her husband’s work clothes. Victor Blouin worked as an electrician for Avondale onboard two government vessels from April 1972 until August 1972. The plaintiffs’ claims were brought in negligence and not for strict liability. Avondale removed the case to federal court on March 28, 2017, 26 days after receiving a copy of the deposition transcript. The plaintiffs’ moved to remand. The plaintiffs took…

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Lung Cancer Case Transferred After Defendants Successfully Argue Forum Non Conveniens on Appeal Appellate Court of Illinois, June 13, 2017

Plaintiffs Irvin and Marlene Rohl brought this action against several defendants including Caterpillar and Navistar. The plaintiffs argued that Mr. Rohl’s lung cancer was caused by exposure to asbestos from brakes, gaskets, clutches, engines, and heavy duty equipment made by Caterpillar and Navistar. At the trial level,  the defendants moved to transfer the case from Cook County to Winnebago County on the doctrine of forum non conveniens. The court denied the motion after a finding that the plaintiff had attended trade school in Cook County…

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Summary Judgment Reversed in Finding Co-Worker Testimony Personal Knowledge, Not Hearsay Court of Appeals of Ohio, Ninth District, Summit County, May 31, 2017

Plaintiff Ruth Williams filed suit against multiple defendants, including Akron Gasket, as a result of her late husband’s development of mesothelioma. Specifically, the plaintiff alleged that Mr. Williams was exposed to asbestos tape made by Akron while working at PPG Industries and Goodyear Tire and Rubber. Summary judgment was granted in favor of Akron. The plaintiff appealed, arguing that the trial court erred in finding that co-worker testimony was hearsay and that medical causation could not be proven. The court began its analysis by reminding…

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Defendant Fails to Establish Improper Joinder in Mesothelioma Case; Remand Granted U.S. District Court for the Eastern District of Louisiana, May 22, 2017

Plaintiff Ronald Smith sued multiple defendants, including Honeywell, alleging he developed mesothelioma from occupational exposure to asbestos. Honeywell removed the case the United States District Court, arguing that the plaintiff only joined defendant Taylor-Seidenbach Inc. to defeat diversity. The plaintiff moved to remand. The case was originally set on an expedited trial date because of the mesothelioma diagnosis. Discovery was ongoing when the plaintiff produced his work history relied upon by the plaintiff’s expert, Dr. Arthur Frank. Honeywell took the position that the work history…

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Action Dismissed Against Canadian Automotive Defendant Based on Lack of Specific Jurisdiction U.S. District Court for the Western District of Washington, May 17, 2017

The plaintiffs filed suit against multiple defendants alleging Mr. Hodjera’s mesothelioma was caused by exposure to the defendants’ products from 1986-94. Volkswagen of Canada (VWGC) moved to dismiss the complaint, arguing that the court lacked personal jurisdiction. The court started its analysis by stating that due process requires the court to have personal jurisdiction over the defendant before it can adjudicate a claim. General jurisdiction is available when the defendant’s “contacts are so constant and pervasive as to render it essentially at home.” The court…

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