Category Archives: Case Decisions

Removal Under Federal Officer Removal Statute Held to Begin on Date of Receipt of Deposition Transcript U.S. Court of Appeals for the Fifth Circuit, January 11, 2018

On February 23, 2017, the plaintiff filed a complaint against Avondale Shipyards, and numerous other defendants, alleging he suffered mesothelioma from his employment at Avondale. The plaintiff was deposed over eight days from March 9 to April 13, 2017. He was cross-examined by counsel for Avondale on March 10 and 20, 2017. On March 28, 2017, counsel for Avondale received a link to the deposition transcript. Avondale removed the matter on the basis of federal officer jurisdiction on April 27, 2017, 30 days following receipt…

Continue Reading....

Denial of Remand When Removal Under Federal Officer Removal Statute Deemed Timely U.S. District Court for the District of Maryland, January 10, 2018

MARYLAND — The plaintiff filed her lawsuit in the Circuit Court for Baltimore County on June 5, 2015, alleging the decedent was exposed to asbestos at Bethlehem Steel Sparrows Point Shipyard as a riveter heater and boiler maker from 1948 through the 1970s. A co-worker was deposed on December 11, 2015, and testified that decedent was exposed to asbestos from Foster Wheeler products while building ships for the Vietnam War. Foster Wheeler removed the case base on the Federal Officer Removal Statute to the U.S.…

Continue Reading....

Plaintiffs’ Asbestos-Related Claims Time-Barred Due to Prior Settlement Agreement U.S. Court of Appeals, Fifth Circuit, January 4, 2018

LOUISIANA — Plaintiffs-Appellants are the widow and surviving children of Raymond J. Lemieux, Sr.. Mr. Lemieux, Sr. worked for Johns-Manville in Marrero, Louisiana from 1956 to 1970 during which time he wore a respirator designed by American Optical, Defendant-Appellee. Raymond, Sr. developed asbestos-related lung cancer, which eventually caused his death in 2015; prior to his death, he filed suit in 2011 against American Optical stemming from his use of their respirator. Represented by his attorney, Raymond, Sr. entered into settlement negotiations with American Optical. The…

Continue Reading....

Superior Court Affirms Five Post-Trial Rulings, Remands to Trial Court for Apportionment Under Pennsylvania Fair Share Act Superior Court of Pennsylvania, December 28, 2017

PENNSYLVANIA — Appellee William Roverano initially filed suit in 2014 against multiple defendants, alleging that his lung cancer was caused by exposure to asbestos while employed by PECO between 1971-81. Appellee Jacqueline Roverano also made a claim for loss of consortium. More than a dozen of the named defendants had filed for bankruptcy, and only John Crane, Inc. and Brand Insulations, Inc. had not settled before the jury’s verdict. Prior to the trial, the court held that the Fair Share Act, 42 Pa.C.S. Section 7102,…

Continue Reading....

Summary Judgment Reversed Against Gasket Defendant Despite Contradictory Declaration Court of Appeal of California, First Appellate District, Division Two, December 22, 2017

CALIFORNIA — The plaintiffs filed suit against dozens of defendants, including Familian Corporation, alleging that Mr. Turley developed an asbestos related disease for which defendants were liable. Specifically, Mr. Turley alleged that he was exposed to asbestos containing cement pipe, pipe collars, gaskets and elbows made by Familian while working at various Pacific Gas and Electric Company locations. Familian moved for summary judgment. The plaintiffs filed an opposition with a declaration from a witness, Paul Scott, who had not been deposed. The declaration implicated Familian…

Continue Reading....

Plaintiff’s Testimony about Secondary Brake Exposure Sufficient to Overcome Summary Judgment U.S. District Court, Northern District of Ohio, Eastern Division, December 13, 2017

OHIO – Plaintiff Julia Alexander filed suit against multiple defendants after she was diagnosed with peritoneal mesothelioma in May of 2016. The plaintiff alleges that she was exposed to asbestos via Bendix brake products which were manufactured by Honeywell International. The plaintiff testified that she visited her fiancé, an automobile mechanic, two to three times per week for four hours a visit from 1987-91. Throughout this period, the plaintiff alleges she observed her fiancé performing brake work on a variety of vehicles one to three…

Continue Reading....

Summary Judgment Granted for Ford on Strict Liability, Punitives, and Conspiracy Claims U.S. District Court, District of Delaware December 12, 2017

DELAWARE — Asbestosis plaintiff Gerald Hickman alleged take home, bystander, and direct exposure to asbestos from, among others, defendant Ford Motor Company. Ford moved for summary judgment, which was granted in part and denied in part. The plaintiff alleged exposure to Ford products during his work around others in garages and gas stations, from his father’s work in the family service station, and from his own repair work on his wife’s new Ford Mustang. Applying Delaware law, the court denied summary judgment as to the…

Continue Reading....

No Reasonable Inference that Union Carbide Supplied Asbestos to Joint Compound Manufacturers; Summary Judgment Granted Superior Court of Delaware, December 11, 2017

DELAWARE — Plaintiff Larry Sturgill, who died of mesothelioma, worked in home remodeling and construction for three years, using joint compound manufactured by three companies. Defendant Union Carbide moved for summary judgment, which the court granted. U.S. Gypsum and National Gypsum, were allegedly supplied with Calidria asbestos for their joint compound products by Union Carbide. Virginia substantive law governed the case. Union Carbide argued that 1) the plaintiff could not establish that he worked with any joint compound containing Calidria, 2) that a bulk supplier…

Continue Reading....

California Jury Finds Against Asbestos/Talc Defendants for $22.17 Million Alameda County Superior Court, California December 12, 2017

CALIFORNIA — Earlier this week, an Alameda County, California jury awarded plaintiffs $22.17 million dollars, comprised of $17.6 million in compensatory damages and $4.6 million in punitive damages.  Defendants Imerys Talc America Inc. (40 percent) and Vanderbilt Minerals LLC (60 percent) were found liable.  Vanderbilt Minerals reportedly settled the case after the compensatory verdict.  The plaintiffs alleged that the 72-year-old decedent developed mesothelioma after working with paint made with talc that was contaminated with asbestos.  According to the plaintiffs’ closing arguments, the defendants had denied…

Continue Reading....

Amended Complaint Deleting Federal Claims Does Not Destroy Jurisdiction Over a Validly Removed Case U.S. District Court for the Eastern District of Louisiana, December 6, 2017

LOUISIANA — This decision arises out of the court’s review of the plaintiffs’ motion to remand, and appellant’s motion for review of an order granting plaintiffs leave to amend their complaint. The shipyard worker plaintiff originally filed an action in state court naming numerous defendants. The initial petition included failure to warn and negligence claims against the appellant, among other causes of action, and strict products liability and failure to warn claims against a boiler defendant, who also opposed the motion to remand. Approximately three…

Continue Reading....