Category Archives: Virginia

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 U.S. District Court for the Northern District of West Virginia, December 29, 2015

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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Plaintiff’s Reliance on Precluded Expert Report Results in Dismissal of Action U.S. District Court for the Eastern District of Virginia, Newport News Division, November 19, 2015

The plaintiff brought this case alleging that his asbestosis and mesothelioma was caused by asbestos exposure during his employment with United States Navy. Several defendants were dismissed from the action, leaving electrical component manufacturer, Westinghouse as the sole remaining defendant, against whom plaintiff claimed exposure to asbestos from arc chutes contained in Westinghouse electrical products. Prior to the current motion for summary judgment, Westinghouse served several motions seeking to preclude certain portions of plaintiff’s proof, including the expert report and opinion of the plaintiff’s causation…

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