Mill Defendant’s Summary Judgment Motions Granted in Community Exposure/Take-Home Case United States District Court, W.D. Wisconsin, June 8, 2018

WISCONSIN –Weyerhauser operated a manufacturing facility in Marshfield, Wisconsin from 1960 to 2000. Among other wood products manufactured at the mill, Weyerhauser produced asbestos-core doors in Marshfield from 1971 to 1978. The plaintiffs’ decedents Elvira Kilty and Herbert Spatz each worked at the Marshfield Weyerhauser mill. Due to the Wisconsin Workers’ Compensation bar, they alleged that their mesothelioma was caused by community exposures and/or household exposures emanating from the clothing of their children and father, respectively, all of whom also worked for Weyerhauser. Weyerhauser moved…
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3M’s Motion for Summary Judgment Regarding Allegedly Defective Respirators Denied USDC for the Western District of Wisconsin, June 1, 2018

WISCONSIN – In a consolidated case, two plaintiffs asserted strict liability and negligence claims against 3M regarding respirators they wore at a factory which manufactured fireproof doors containing asbestos cores. Both plaintiffs developed mesothelioma from alleged asbestos exposure. The plaintiffs were employed by Weyerhauser for approximately 40 years each. In 1972, a company memo required all employees to wear respirators whenever mineral core was machined or sanded. Testimony provided that plaintiffs wore 3M masks. In that same year, 3M received the necessary certificate of approval…
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Wisconsin’s Uniform Fraudulent Transfer Act Found Not Applicable in Successor Liability Case Against Refractory Manufacturer Supreme Court of Wisconsin, May 15, 2018

WISCONSIN — In a follow up to Asbestos Case Tracker’s previous post, the Supreme Court of Wisconsin reversed the Court of Appeals’ decision in a recent mesothelioma case involving allegations of fraudulent conveyance by a successor in interest entity. The plaintiff originally filed suit against several defendants including Fire Brick Engineering and Powers Holding claiming they were responsible for her late husband’s development of mesothelioma. Mr. Springer was allegedly exposed to asbestos from 1963-69. The plaintiff filed her suit against Powers naming it as…
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Frustrated Court Denies Plaintiffs’ Motion to Reconsider Exclusion of Kenneth Garza Due to Lack of Authority U.S. District Court for the Eastern District of Wisconsin, May 2, 2018

WISCONSIN — In this case set for trial on June 4, 2018, the plaintiffs filed eleven motions under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and various motions in limine. After hearing and argument, the court granted defendant Pabst Brewing Company’s motion to bar, under Daubert, Kenneth Garza’s reports, opinions, and testimony, and granted the Daubert motion of defendants Sprinkmann, Employers Insurance Company and WEPCO’s to exclude Garza’s testimony. The court found that although Garza’s training and background gave him the…
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Community Exposure Claims by Former Employees Not Barred by Wisconsin Workers’ Compensation Act U.S. District Court for the Western District of Wisconsin, April 17, 2018

WISCONSIN — Two deceased Weyerhauser employees brought claims against their former employer for common law negligence, negligent nuisance, and intentional nuisance. In an effort to avoid the exclusivity provisions of Wisconsin’s Workers’ Compensation Act (WCA), both plaintiffs alleged that the defendant Weyerhauser’s activities exposed them to asbestos in the community, not during the course of their employment with the defendant, causing their mesothelioma. Weyerhauser challenged the pleadings on several bases, and the court granted and denied their motion in part. The court denied Weyerhauser’s motion…
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Plaintiff Survives Motion to Dismiss Upon Adding Additional Allegations in Amended Complaint U.S. District Court for the Western District of Wisconsin, April 17, 2018

WISCONSIN — The plaintiff filed suit against Weyerhauser and its insurer for alleged emissions of asbestos into the Marshfield, Wisconsin community. Plaintiff Michael Kappel moved to add additional allegations to his complaint. Weyerhauser moved to dismiss. The plaintiffs were substituted upon Mr. Kappel’s passing. Weyerhauser sought dismissal on two separate grounds. First, the defendant argued the plaintiffs did not allege Mr. Kappel’s exposure from work at Weyerhauser in an effort to circumvent the exclusivity rules in the local worker’s compensation statute. The court disagreed as…
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Various Rulings Issued on Motions in Limine in Trial; Plaintiffs’ Motion to Exclude Defense Experts Denied U.S. District Court, Western District of Wisconsin, July 7, 2017

The court issued various rulings on motions in limine filed by both the plaintiffs and defendant John Crane in this matter that is set for trial on July 17, 2017. The decedent died of mesothelioma. Many of the motions were unopposed. Below are summaries of the more pertinent rulings. Regarding the plaintiff’s motions, the plaintiff argued that the defendant should be barred from disclosing that some corporations were in bankruptcy. The defendants opposed the motion because under Wisconsin law, any claims plaintiffs have submitted to…
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Plaintiff’s Mesothelioma Claims Barred by Wisconsin Worker’s Compensation Act

In a consolidated matter, three of the plaintiffs, Diane Jacobs, Katrina Masephol, and Janice Seehar (the Weyerhaeuser plaintiffs), filed claims against various defendants after developing mesothelioma.  Each had worked for Weyerhaeuser for years in close contact with asbestos.  As such, in order to get around Wisconsin’s Workers Compensation Act, Wis. Stat. § 102.03(2), which provides the “exclusive remedy against the employer” for work-related injuries, the plaintiffs argued that their asbestos-related injuries were not caused on the job, but at home and in the community, and…
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Summary Judgments Based on Wisconsin Safe Place Statute and Statute of Repose Denied U.S. District Court, Eastern District of Wisconsin, May 15, 2017

The court issued another decision in a case originally reported in Asbestos Case Tracker on May 15, 2017. Plaintiffs Daniel and Beverly Ahnert originally filed a case in 2010 alleging Daniel Ahnert developed asbestosis; that case was transferred to the MDL of the Eastern District of Pennsylvania. In 2013 Beverly Ahnert filed a new case in the Eastern District of Wisconsin after Daniel Ahnert died of asbestos-related diseases. In September 2014, the 2011 case was remanded back to Wisconsin. The plaintiff then moved to consolidate…
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Decedent’s Work Falls Outside Wisconsin’s Statute of Repose; Summary Judgment Denied U.S. District Court for the Eastern District of Wisconsin, May 11, 2017

This matter stems from a series of filings. In 2010, plaintiffs Daniel and Beverly Ahnert filed an asbestosis claim on February 25, 2010. That case was transferred to Multidistrict Litigation in the Eastern District of Pennsylvania. Two and a half years later, Beverly Ahnert, as the executrix of the estate of Danial Ahnert, filed a new complaint in the Easter District of Wisconsin alleging that Daniel Ahnert passed away as a result of an asbestos related disease. This matter deals with defendant Sprinkmann Sons, Inc.…
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