California Appellate Court Holds No Duty for Vessel Owner Based on No Active Control

In this mesothelioma case, the decedent worked for a vessel repair company and performed repair work on a vessel involving pipe insulation possibly containing asbestos. His estate sued the vessel owner under “both the Longshore & Harbor Workers’ Compensation Act, 33 United States Code section 905(b) (the Act, or section 905(b)) and state law.” The vessel owner moved for summary judgment on a number of  grounds, including that it did not actively control the area where the alleged exposure occurred. The lower court granted the …

Continue Reading

Plaintiffs’ Concession to Not Pursue Navy Exposure Results in Remand Under Federal Officer Removal Statute

In this case, the plaintiffs claimed that the decedent was exposed to asbestos in connection with force draft blowers manufactured by Carrier Corporation and another defendant while in the Navy on board the USS Edson. The plaintiffs moved to remand after Carrier removed the case based on federal officer jurisdiction under 28 U.S.C. 1442(a)(1). In granting the motion to remand, the court accepted the plaintiffs’ argument that despite the exposure, they expressly disclaimed any intention to pursue damages in connection with any Navy exposure: “In …

Continue Reading

Outside Contractor Granted Summary Judgment Under Frequency, Proximity, and Regularity Proximate Cause Analysis

In this Maryland case, the plaintiff’s decedent was exposed to asbestos while aboard various Naval vessels. He claimed to have walked by outside contractors installing bulkhead Marinite panels and insulation while heading to and from the engine rooms. Defendant Hopeman moved for summary judgment based on product identification grounds.  Applying Maryland law, the court denied Hopeman’s motion on product identification grounds, even though that portion of the motion was unopposed, finding that the defendant had failed to meet its burden of proof that the work …

Continue Reading