Category Archives: Bare Metal/Component Parts

Defendants’ Motions for Summary Judgment Granted for Lack of Exposure Evidence and Opposition U.S. District Court for the District of Delaware, December 29, 2016

The plaintiffs brought this action against multiple defendants alleging Mr. Evans developed an asbestos related disease as a result of his exposure to asbestos while serving in the U.S. Navy. Mr. Evans alleged that he worked as a fireman and boiler tender on-board the USS Kearsarge from 1957-61 and USS Bole in 1961. Mr. Evans believed that he had been exposed to asbestos from gaskets and refractory products while in the U.S. Navy. Mr. Evans also alleged that he had been exposed to brake dust…

Continue Reading....

Defendants’ Motions for Summary Judgment Granted for Plaintiffs’ Failure to Establish Exposure Evidence U.S. District Court for the District of Delaware, December 29, 2016

The plaintiff alleged he developed mesothelioma as a result of his exposure to asbestos while working with the U.S. Navy from 1961-64 and from 1961-78 with various employers. Defendant Crane Co. removed the case to the U.S. District Court on August 31, 2015. Defendants CBS Corporation, Goodyear Tire and Rubber, FMC Corporation, and Ingersoll Rand moved for summary judgment. The plaintiff filed no opposition to those motions. The court began its analysis with the standard for summary judgment. Summary judgment is appropriate when there is…

Continue Reading....

Federal Court Outlines Alternative Standard to Bare Metal Defense U.S. District Court for the Eastern District of Louisiana, October 4, 2016

William Bell alleged routine exposure to asbestos while serving as an engine man, machinery repairman, and a machinist mate in the United States Navy in the 1960s. Bell further alleged he was exposed to asbestos both while serving at sea on four ships as well as while training at a land-based Navy facility in Idaho. After being diagnosed with mesothelioma in 2015, Bell sued various companies that manufactured a wide range of products including pumps, valves, condensers, compressors, and turbines located on the Navy vessels…

Continue Reading....

Federal Court Rejects Argument That Manufacturer Cannot Be Liable for Asbestos-Containing Component Parts U.S. District Court for the Eastern District of Pennsylvania, September 28, 2016

The plaintiffs filed suit in the Court of Common Pleas, First Judicial District, Philadelphia County, against various defendants claiming that the decedent, who had been employed since the 1950s as a millwright in multiple power plants and steel mill factories, developed work-related malignant mesothelioma from exposure to asbestos and to products containing asbestos. This state action was ultimately removed to federal court and became part of Multidistrict Litigation-875 in the Eastern District of Pennsylvania. Here, the plaintiffs specifically alleged that defendant Crane Co. manufactured, produced,…

Continue Reading....

Manufacturers of Generators, Turbines and Boilers Granted Summary Judgment on Bare Metal Defense U.S. District Court for the District of Delaware, August 29, 2016

The plaintiffs brought this action against several defendants for alleged exposure to asbestos and development of mesothelioma while working as a ship fitter at several shipyards from approximately 1964 until 2014. Defendants Cummins, CBS, and Foster Wheeler moved for summary judgment. Specifically, the plaintiff alleged that he rolled out amosite and cut it with an electric knife to make A-Cloth pads at the shipyards. He also stated that he had insulated various pieces of equipment including turbines, boilers, and generators. As to the defendants, Malone…

Continue Reading....

Various Manufacturers Granted Summary Judgment Under Mississippi Law, Including Acceptance of Bare Metal Defense U.S. District Court for the District of Delaware, July 13, 2016

The plaintiff, Robert Lee Winhauer, commenced this action alleging asbestos exposure from his personal work on his automobiles from the 1940s through the 1990s, from his work at the Ingalls Shipyard in Pascagoula, Mississippi from 1965 to 1976 and while working at Courtaulds North America Rayon Staple Plant in Le Moyne, Alabama from 1977 to 1998. Nine defendants, John Crane, John Crane Inc. (JCI), Flowserve US Inc., Carver Pump Co. , Sterling Fluid Systems (USA) LLC, FMC Corp., Velan Valve Corp., Borg-Warner (D.I. 173), and…

Continue Reading....

Lack of Evidence of Asbestos Replacement Parts Supplied by Crane for Use in Crane Valves Key to Granting of Summary Judgment U.S. Court of Appeals for the Eleventh Circuit, May 27, 2016

The decedent died of mesothelioma; prior to his passing he filed a lawsuit in state court alleging exposure to asbestos while a production shift supervisor during his employment at a paper mill in Georgia. One defendant removed, and the action was transferred to MDL 875. Defendant Crane Co. filed for summary judgment, which was granted in part by the MDL court; however, it remanded to the Northern District of Georgia to determine whether the bare metal defense was available under Georgia law. Crane then moved…

Continue Reading....

MDL 875 Clarifies That Absent Sufficient Exposure, Bare Metal Defense Applied in Maritime Law Bars Negligence and Strict Product Liability Claims U.S. District Court for the Eastern District of Pennsylvania, May 19, 2016

In January 2013, this case was removed on the basis of federal question jurisdiction and assigned to MDL 875. The plaintiffs alleged asbestos exposure while serving in the Navy. Applying maritime law, the court granted summary judgments filed by Buffalo Pumps, CBS Corporation, Foster Wheeler, General Electric, IMO Industries, and Warren Pumps, based upon the bare metal defense. The plaintiffs appealed and the Third Circuit remanded the case to the MDL court to clarify whether it: (1) considered the negligence theory of liability; (2) concluded…

Continue Reading....

Valve Manufacturer Granted Summary Judgment Under Maritime Law Where it May Have Recommended, But Did Not Provide, Asbestos-Containing Flange Gaskets U.S. District Court for the District of South Carolina, Charleston Division, January 27, 2016

In this federal court case, it is alleged that the decedent, Thomas Dandridge, was exposed to asbestos while working as a pipefitter and coppersmith at the Charleston Naval Shipyard from 1965 to 1976. It was claimed that the decedent was exposed to asbestos from a variety of products, including flange gaskets used to link Crane Co. valves to pipe lines. The case was originally brought in the court of common pleas in Charleston County and was later removed federal court, where Crane moved for summary…

Continue Reading....

Valve Manufacturer’s Bare Metal Motion for Summary Judgment Denied Supreme Court of New York, New York County, August 4, 2015

It is alleged in this NYCAL case that the decedent, Russell Gonzales, was exposed to asbestos products, including insulation on valves manufactured by Crane Co., in the 1970s at various sites throughout New York City. The decedent died prior to testifying, but his co-worker, Joseph Zgombic testified that he and the decedent were responsible for insulating Crane valves and that they worked near others repacking Crane valves. Crane moved for summary judgment, arguing that the plaintiff failed to prove the decedent had exposure to asbestos…

Continue Reading....