Court Lacks Specific Jurisdiction Where Complaint is Devoid of Allegations that Injury Arose Out of Defendants’ Contacts with State

The plaintiffs’ complaint alleged that John Clark was exposed to asbestos from the defendants’ products while serving in the U.S. Air Force and during his employment at McDonald Douglas and Boeing. Multiple defendants made motions to dismiss, arguing that the District Court lacked jurisdiction over them. The plaintiffs failed to file timely responses to any of the motions and the court used it is discretion to construe the plaintiffs’ failure to do so as an admission of the merits of the motion. In granting the …

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Decedent’s Incomplete Testimony Found Sufficient to Overcome Summary Judgment as Pump Manufacturer Should Have Re-noticed His Deposition to Question Him Prior to His Death

In this NYCAL case, it is alleged that the decedent, Warren Taveniere, was exposed to asbestos while working aboard several vessels as a Merchant Marine for Moore McCormack Lines from 1953 to 1955. The plaintiff’s interrogatory responses included Aurora Pump Company and at his deposition, the decedent testified that he used asbestos-containing gaskets and packing on Aurora pumps. After four hours the deposition was adjourned due to the decedent’s failing health and Aurora’s counsel had not yet had the opportunity to question him. The decedent’s …

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After Defendant Files Second Asbestos-Injury Claim, Federal Court Grants Defendant’s Motion to Dismiss Plaintiff CSX’s Declaratory Judgment Action for Lack of Jurisdiction

Plaintiff CSX Transportation asserted a claim for declaratory relief, after the defendant filed an injury claim for lung cancer, which he claimed was asbestos-related. The defendant had settled a claim against CSX for an asbestos-related injury in 2003, and under the 2003 settlement agreement, he allegedly released CSX from future claims involving asbestos and cancer. The agreement included an indemnity provision, which CSX invoked in requesting defendant to indemnify it for the 2015 state court action. The agreement also released CSX from all claims which …

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Case Against Crane Remanded to State Court Based on Lack of Evidence of the Exercise of Government Discretion Under the Federal Officer Removal Statute

In this case, the plaintiff alleged asbestos exposure from various sources, including from his time aboard Naval vessels during the Korean War. Defendant Crane removed the case to federal court pursuant to 28 U.S.C.1442(a)(1), the federal officer removal statute.  The plaintiff moved to remand the case, arguing that Crane did not meet the standard to remove under the statute.

In opposition to the remand, Crane submitted a 2011 affidavit from one of its officers stating that “the manufacture of equipment for use on Navy vessels …

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Statute of Repose Doesn’t Apply in Reversal of Summary Judgment as Evidence Regarding Work Deemed Insufficient to Show an Improvement to Property

In this case, the plaintiff, Sandra Brezonick, alleged that the decedent, John Brezonick, was exposed to asbestos at various sites while working as a steamfitter in the Milwaukee area between 1966 and 2000. The plaintiff’s complaint alleged product liability, negligence and safe place statute claims under Wis. Stat. § 101.11 against numerous defendants.  The defendants included property owners Pabst Brewing Company, Miller Brewing Company and Wisconsin Electric Power Company (WEPCO) — where asbestos was allegedly used — and insulation contractor Sprinkmann Sons Corporation, which allegedly …

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Turbine Manufacturer Entitled to Summary Judgment Under Both Maritime Law and New Jersey State Law

The plaintiff in this case,  Samuel Feaster, alleged exposure to asbestos while employed at a shipyards in New Jersey and  Pennsylvania. Defendant General Electric Company (GE) moved for summary judgment based on maritime law arguing that there was no evidence that the plaintiff was exposed to asbestos from a product manufactured or supplied by them.

The court applied maritime law and granted GE’s motion. The court stated that under maritime law, the plaintiff must show that he was exposed to the defendant’s products and the …

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Strict Product Liability Claim Reinstated Against Plastering Contractor for Construction Work on Building Complex in 1970s

In this case, the plaintiff, Joel Hernandezcueva, alleged he was exposed to asbestos while working as a janitor in the Fluor complex in the 1990s. It was alleged that defendant E.F. Brady was a subcontractor doing drywall and plastering work with asbestos-containing materials manufactured by Kaiser and Hamilton during the construction of the complex in the 1970s. During trial and following completion of the plaintiff’s case in chief, Brady’s motion for partial nonsuit dismissing the plaintiff’s claims of strict liability, misrepresentation, and intentional failure to …

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New York Federal Court Grants Auto Repair Parts Defendants’ Motion to Transfer Case to Florida Federal Court

In this federal case, the plaintiff brought an action against defendants BASF Catalysts LLC, Superior Materials, Inc. and Whittaker, Clark & Daniels, Inc. for the asbestos exposure and death of her husband, Pedro Rosado-Rivera. The plaintiff alleges that each defendant sold an asbestos-containing auto body repair filler that the decedent worked with at auto shops in New York, Puerto Rico, and Florida.  The defendants moved to transfer the case to The United States District Court for the Middle District of Florida.

The court granted the …

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Pump Manufacturers Had a Duty to Warn Even Though Decedent Never Exposed to Original Pump Gaskets and Packing

The plaintiff, a widow, brought claims against pump manufacturers Air & Liquid Systems, Warren Pumps, and IMO Industries (defendants) for asbestos exposure sustained by her deceased husband while serving in the Navy for 20 years, from 1956 until 1976. The decedent died of mesothelioma. The defendants moved for summary judgment, arguing that they had no duty to warn of asbestos-containing replacement parts that they neither made nor placed in the stream of commerce. The circuit court granted this motion, the Court of Special Appeals affirmed, …

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Post-Trial Motion for Additur Granted, Increasing Mesothelioma Pain and Suffering Damages

The plaintiff’s decedent, Richard Voelker, was diagnosed with and died from mesothelioma. A personal injury action was pursued and resulted in a verdict awarding the Estate various damages, including a pain and suffering award of $250,000. The plaintiff filed a post-trial motion for additur arguing that the jury’s award for pain and suffering was inadequate compensation for Mr. Voelker’s “extraordinarily horrific” suffering. The court granted the motion, increasing the pain and suffering award to $600,000.

The court cited to the plaintiff’s video trial testimony and …

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