Discovery Archives - Asbestos Case Tracker

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Court Issues Final Orders Regarding Various Motions of Automotive Defendants

Jurisdiction: Superior Court of California, County of Los Angeles

Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative summary adjudication, against the plaintiff Samson Bareh’s claims that he was exposed to asbestos from their products. In addition, the defendant, Volkswagen Group of America Inc., filed a motion to compel discovery.

Mercedes-Benz filed a motion for summary adjudication of the strict liability, negligence, and fraud causes of action, as well as the …

July 26, 2022 Discovery / Rhode Island

Posted by: Jillian E. Madison

Court Grants Plaintiff’s Motion to Compel Discovery from Turbine Manufacturer at Various Power Stations

Superior Court of Rhode Island, Providence, July 22, 2022

In this asbestos-related lawsuit, the plaintiffs allege that the decedent, Ann Stadtler, developed mesothelioma and died due to take-home exposure to asbestos from her stepfather, Charles Ferguson, with whom she lived from 1948 to 1965. During this time, as part of his employment as a union insulator, Ferguson worked at several different power stations in the New England area.

On November 6, 2019, the plaintiffs served defendant Westinghouse with interrogatories and requests for production of documents …

March 25, 2022 Appeal / Discovery / New Jersey

Posted by: Elizabeth M. Lautenbach

Final Judgment and Imposition of Sanctions Affirmed Against Automotive Defendant

Superior Court of New Jersey, Appellate Division, March 24, 2022

In this asbestos action, Deborah Marino (the plaintiff) alleged that her mother, Anita Creutzberger (the decedent), developed peritoneal mesothelioma from the decedent’s history of washing her husband’s and son’s clothing following their automotive work. The plaintiff sued Ford Motor Company, among other defendants. During discovery in an unrelated case, Matthew Fyie, Ford’s employee designated to search for responsive discovery, testified that he did not review documents prior to his deposition as there were no documents …

January 28, 2022 Discovery / Summary Judgment

Posted by: Kerry L. Jones

Plaintiff’s Proof Against Exhauster Manufacturer Deemed Insufficient to Overcome Summary Judgment

U.S. District Court for the Western District of North Carolina, Asheville Division, January 26, 2022

In this asbestos action, plaintiff Rita W. Barkley alleges that she contracted mesothelioma from laundering her father’s work clothes. Foster Wheeler, the only remaining defendant in this action, moved for summary judgment with respect to all of the plaintiff’s claims, and moved to exclude the affidavit of Richard Fay Carpenter, which was submitted in support of the plaintiff’s response in opposition of the motion for summary judgment.

First, the plaintiffs …

December 3, 2021 Discovery / New York

Posted by: Elizabeth M. Lautenbach

Trial Court’s Denial of Motion to Seal Redacted Memo of In-House Counsel Affirmed by Appellate Division

Supreme Court of New York, Appellate Division, First Department, December 2, 2021

We previously reported on a dispute concerning the discoverability of a defendant’s redacted, as well as unredacted memorandum from the defendant’s in-house counsel to its president. In 2016, a New York trial court held that privilege was waived by the defendant as to both the redacted and unredacted memo. In 2017, the New York Appellate Division, First Department, modified the trial court’s decision. They agreed that privilege was waived as to redacted memo, …

April 2, 2021 Discovery / Texas

Posted by: Elizabeth M. Lautenbach

Defendants’ Request of Sanctions for Plaintiffs’ Counsel Failure to Preserve Lung Tissue Denied

U.S. District Court for the Southern District of Texas, Houston Division, March 31, 2021

In this asbestos action, Mr. James LaFrentz (the decedent) wore a 3M dust mask while working for General Dynamics from 1978 until 1984. The issue of whether the decedent suffered from mesothelioma or lung cancer was in contention before his passing. Several defendants, including General Dynamics and 3M, informed the plaintiffs’ counsel that the decedent’s diagnosis was in dispute and requested that the plaintiffs’ counsel preserve the decedent’s tissue, both orally …

October 7, 2020 Discovery / Trial / Washington

Posted by: Jessica Saad

Motion to Exclude Testimony of Witnesses Denied; No Duty to Remind of Witnesses Existence

U.S. District Court for the Western District of Washington

Defendant Auburn Technology Inc. filed a motion to exclude testimony of three witnesses who were shipmates of the plaintiff’s decedent. Several other defendants joined in on the motion. The defendants argued that the witnesses were not properly disclosed until the very end of discovery and should therefore be excluded under Fed. R. Civ. P. 37.

By way of background, in the summer of 2019, the plaintiffs made their initial disclosures, identifying the muster rolls for the …

August 25, 2020 Appeal / Discovery / Personal Jurisdiction

Posted by: admin

Pump Manufacturer Withstands Challenge to Protective Order, Loses Personal Jurisdiction Argument

Appellate Court of Illinois, Fifth District, August 24, 2020

The Appellate Court of Illinois, Fifth District, recently issued a discovery decision in the matter of Linder v. A.W. Chesterton Co., which also touched on the issue of personal jurisdiction. In Linder, the plaintiffs alleged that asbestos dust attributable to industrial pumps manufactured by GIW contributed to plaintiff decedent, Robert Linder’s mesothelioma. At the outset of the case, GIW filed a motion to dismiss for lack of personal jurisdiction, arguing that as a Georgia …

February 3, 2020 Discovery / Kentucky

Posted by: Jessica Saad

Friction Manufacturer’s Objection to Motion to Compel Denied Due to Untimely Submission of Affidavit

KENTUCKY – The plaintiff, Jack Papineau, alleged that he was diagnosed with malignant mesothelioma from exposure to Honeywell’s asbestos-containing brake products. The plaintiff sought an order from the magistrate judge to compel Honeywell to answer one interrogatory and respond to one request for production concerning lawsuits alleging exposure to Honeywell asbestos-containing friction products. Honeywell opposed.

Per the magistrate judge’s order, the plaintiff filed an amended request that limited the scope of the requested documentation. Honeywell responded to the supplemental request and attached the affidavit of …

November 21, 2019 Discovery / Kentucky

Posted by: Jillian E. Madison

Evidence of Prior Asbestos Lawsuits Against Defendant Discoverable

KENTUCKY – The plaintiffs, Jack and Holly Papineau, filed a lawsuit against several defendants alleging damages suffered from exposure to asbestos. The plaintiffs filed a motion to compel the defendant Honeywell to supplement answers to interrogatories and requests for production, specifically regarding prior lawsuits. After oral argument, the court requested that the plaintiffs narrow the scope of their supplemental requests. The plaintiffs complied, requesting information and documents pertaining to all lawsuits filed against Honeywell wherein the claimant alleged an asbestos-related disease from exposure to Honeywell …