Category Archives: Case Decisions

Summary Judgment Upheld for Georgia Pacific Because Proof Didn’t Distinguish Between Asbestos and Non-Asbestos Product Superior Court of Delaware, August 18, 2017

Defendant Georgia Pacific was granted partial summary judgment, in that all claims against the defendant “pre-1973” were barred. The plaintiff filed a motion for reconsideration arguing that the court overlooked the fact that the defendant stopped distributing asbestos joint compound in September 1973. In response to the plaintiff’s motion, the defendant argued that the court properly granted partial summary judgment relating to the plaintiff’s pre-1973 claims as the decision was based on a Stigliano analysis, which states “ when the record reveals that a defendant…

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Summary Judgment Granted For Plaintiff’s Failure to File Complaint Within the Statute of Limitations Superior Court of Delaware, August 18, 2017

Ms. Bagwell filed suit against several defendants, alleging her husband developed lung cancer from asbestos related to Borg Warner clutches. The plaintiff’s brother was the sole fact witness who recalled his brother performing clutch work starting in 1965 through the 1980s approximately one time per week. The plaintiff’s expert report stated that the plaintiff was exposed to asbestos containing products including exposure to asbestos from the clutches. Mr. Bagwell was diagnosed in May of 2009 and passed away on January 28, 2010. The plaintiff’s complaint…

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Pump Manufacturer Obtains Summary Judgment Based on Lack of Maintenance History and Identification of Replacement Parts Superior Court of Delaware, August 18, 2017

Plaintiff Jill Dudley alleged that her husband Frank worked on pumps from 1966-67 while employed at Cam Chemical Company in Detroit, Michigan. Defendant FMC moved for summary judgment, which the court granted. Frank Dudley testified that at least ten pumps were made by Chicago Pump; he broke down these pumps and repaired the gaskets. The court applied Michigan law, which required proof that the injured plaintiff was exposed to an asbestos-containing product for which a defendant was responsible. Michigan law also applied the substantial factor…

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New York Jury Awards $4.6M to Welder with Mesothelioma Supreme Court of New York, New York County, August 18, 2017

The plaintiff, 75-year-old Thomas McGlynn, contracted mesothelioma on or about May 16, 2016 and filed suit in NYCAL on August 1, 2016 under Index No. 190219/16. The complaint alleged that McGlynn was exposed to asbestos while working as a shipfitter, laborer, and maintenance laborer at various locations in and around New York City. The plaintiff further alleged that McGlynn’s mesothelioma was caused by his occupational exposure to asbestos from work done on asbestos-containing valves manufactured by the defendant. Specifically, McGlynn testified that these valves were…

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Shipyard Fails to Show Nexus Required for Federal Jurisdiction U.S. District Court for the Eastern District of Louisiana, August 15, 2017

Plaintiff George K. Mayeaux alleged he suffered exposure to asbestos and asbestos-containing products that were manufactured, sold, installed, distributed, and/or supplied by a number of defendant companies while employed by defendant Avondale Industries, Inc. This matter was removed to the United States District Court for the Eastern District of Louisiana. The plaintiff filed a Motion to Remand back to the Civil District Court for the Parish of Orleans in Louisiana. The plaintiff alleged that he was employed by Avondale from 1963 to 2009. During that…

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Pipe Manufacturer’s Evidence Not Enough Under Causation Standard for pre-1982 claims; Summary Judgment Denied Superior Court of Delaware, August 17, 2017

The plaintiffs filed an action in the Superior Court of Delaware against defendant CertainTeed Corporation alleging that the plaintiff, Jack Trousdale, was exposed to asbestos from CertainTeed’s products. The plaintiffs contend that Mr. Trousdale purchased a flat-bed tractor trailer in 1972 to work as an independent truck driver, and as part of his job Mr. Trousdale shipped CertainTeed pipe. The plaintiffs presented evidence that the defendant sold asbestos-cement pipe from Ambler, Pennsylvania from 1962 through 1982. CertainTeed filed a motion for summary judgment. The court…

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Plaintiff’s Medical Expert Permitted to Testify After Reversal of Judgment Barring Opinion California Court of Appeals, August 14, 2017

Plaintiffs brought suit against several defendants including TRZ Realty, alleging their decedent developed colon cancer as a result of occupational exposure to asbestos. William Duty worked as a drywall taper for over 40 years. Before trial, TRZ filed a motion in limine challenging Dr. Revels Cayton’s qualifications to testify as to the causal connection between colorectal cancer and Plaintiff’s exposure to asbestos. After the trial court’s hearing, the court disqualified Dr. Cayton. The plaintiffs conceded they could not prevail at trial without his testimony. The…

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Loss of Consortium Claim Dismissed Where Wrongful Death Statute Controls U.S. District Court for the Middle District of North Carolina, August 9, 2017

The plaintiff filed suit against multiple defendants, alleging her decedent developed mesothelioma as a result of exposure to asbestos containing products. Within the complaint, Ms. Stewart added a count for loss of consortium. The defendant moved to dismiss the loss of consortium count pursuant to Federal Rule of Civil Procedure 12(b)(6). The plaintiff filed no response. The court quickly analyzed its review of a case while sitting in diversity. The court noted that “if state substantive law has denied a plaintiff a remedy for his…

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Friction Defendants Granted Summary Judgment on the Issue of Causation Supreme Court of New York, Nassau County, August 2, 2017

On August, 2, 2017, Nassau County Supreme Court Justice Julianne Capetola granted various defendants’ motion to renew and re-argue the court’s prior denial of the defendants’ combined Frye/summary judgment motions as to the issue of causation. Upon renewal, the court granted summary judgment to the defendants. By way of background, plaintiffs Giulio Novello and Rosaria Novello brought suit in the Nassau County Supreme Court seeking damages for personal injuries against various automotive-related defendants. The plaintiffs contended that Novello’s lung cancer diagnosis was causally related…

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Consideration of Decedent’s Specific Exposure History Renders Testimony of Dr. Jacqueline Moline Reliable U.S. District Court, New Jersey, August 4, 2017

Decedent Gerald Hoffeditz alleged asbestos exposure from automotive and heavy equipment repair on various vehicles, including large military trucks while working at the Letterkenny Army Depot. He subsequently passed away from mesothelioma. Various defendants moved to exclude the evidence and testimony put forth by the plaintiff’s expert Dr. Jacqueline Moline. The court denied this motion. For expert testimony to be admitted, the proffered witness must: (1) be qualified; (2) testify about matters requiring scientific, technical or specialized knowledge (reliability), and (3) assist the trier of…

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