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Asbestos Litigation Analysis
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New Appointed NYCAL Coordinating Judge Adam Silvera Ready to “Roll Up His Sleeves” and Get to Work

As the Asbestos Case Tracker previously reported here, former NYCAL Coordinating Judge Manuel Mendez was appointed to the Appellate Division of the Supreme Court, First Department, in July 2020. With Judge Mendez assuming his new role in the First Department, Judge Adam Silvera was announced as the new NYCAL coordinating judge.

Silvera obtained his undergraduate degree in 1994 from the City University of New York and received his juris doctor from Brooklyn Law School in 2001. Prior to becoming a judge, he worked for …

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Appeal / California / Summary Judgment
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American Oil Company Defendants Had No Control Over Iranian Oil Company, Summary Judgment Upheld on Appeal

Court of Appeal of California, Second Appellate District, Division Seven, October 28, 2020

Houshang Sabetian and his wife, Soraya, (the plaintiffs) filed this action on March 28, 2018 alleging causes of action for negligence, strict liability, premises liability, negligent joint venture, alter ego, and loss of consortium. The complaint alleged Houshang contracted mesothelioma caused by exposure to asbestos while he was an Iranian citizen working for the National Iranian Oil Company (NIOC) from about 1960 to 1979. The complaint further alleged the Chevron and Exxon defendants …

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Rhode Island / Summary Judgment
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Boiler Manufacturer Granted Summary Judgment Based on Lack of Product Nexus

Superior Court of Rhode Island, Providence, October 27, 2020

The decedent, Gerard Wallace, and his wife, Ruth (the plaintiff) filed a complaint on November 16, 2016 after the decedent was diagnosed with mesothelioma in September 2016. The plaintiff alleged that the decedent worked as a plumbing-heating installer-repairer from 1949 to 1985. Specifically, the plaintiff argued while the decedent worked in Maine, Crane Co. (the defendant) boilers exposed him to asbestos. Due to the exposures occurring in Maine, the parties agreed that Maine substantive law should …

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South Carolina / Summary Judgment
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Summary Judgment Awarded to Pipe Insulation Company Under Lohrmann Test

U.S. District Court for the District of South Carolina, Columbia Division, October 26, 2020

The plaintiff alleged that the decedent, Paul Cruise, was exposed to asbestos-containing products while serving as a boiler tender in the United States Navy, and while working as an electrician at various industrial facilities from 1965 to 1980. The defendant, Covil Corporation, moved for summary judgment, arguing that the plaintiff could not show evidence of the decedent’s exposure to a Covil product. The allegations against Covil arose from Mr. Cruise’s work …

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Choice of Law / Mississippi
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Mississippi Federal Court Applies Delaware and Tennessee Law to Grant Summary Judgment

U.S. District Court for the Southern District of Mississippi, Southern Division, October 23, 2020

The plaintiff alleged that he developed mesothelioma after exposure to asbestos from various products he worked with throughout his career. Of note in this matter, the plaintiff alleged that defendant Trinity Marine Products is liable for his injury after he worked with asbestos-containing brake pads incorporated in Nabrico winches. The defendant did not manufacture the brake pads or winches. Instead, the defendant purchased the assets from the winch manufacturer New Nabrico, …

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California / Summary Judgment
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Pump Manufacturer Granted Partial Summary Judgment in Maritime Case; Plaintiff’s Motion Denied

U.S. District Court for the Central District of California

The plaintiff, Christopher Clarke, alleged he was diagnosed with mesothelioma as a result of his alleged exposure to asbestos while serving as a Machinist Mate for the United States Navy from 1962 to 1981. Specifically, the plaintiff alleged that he was exposed to asbestos from replacing gaskets and packing on pumps manufactured by the defendant, Warren Pumps, LLC on numerous ships and submarines. The plaintiff moved for partial summary judgment on Warren’s general contractor defense, and …

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Insurance Coverage / New York
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Federal Court Holds Underlying Policies Exhausted by Settlement; Grants Summary Judgment to Insurer on Excess Policy Reinsurance Claim

U.S. District Court for the Southern District of New York, October 19, 2020

An insurer and its reinsurer were involved in a dispute over the reinsurer’s liability to reimburse a portion of a settlement that the insured had allocated to an excess liability policy subject to a contract of reinsurance. The insurer had issued three excess liability insurance policies to Asarco Inc., as part of a “coverage tower,” sequential layers of insurance Asarco purchased as part of its annual insurance program. The reinsurer reinsured the …

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Louisiana / Summary Judgment
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Federal Workers’ Compensation Statute Preempts Plaintiff’s Negligence Claims; Shipyard Defendants Win Summary Judgment

U.S. District Court for the Eastern District of Louisiana, October 14, 2020

This case arises out of plaintiff William Hulin, Sr.’s exposure to asbestos when he worked as a ship fitter, laborer, and tacker for Avondale from January 1954 to May 1973. In July 2019, the plaintiff was diagnosed with lung cancer. He sued a number of defendants, including the Avondale Interests, in state court on November 12, 2019. The case was removed to district court on March 17, 2020. The plaintiff alleged only negligence …

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Expert Challenges / Indiana
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Control Manufacturer’s Motion to Exclude Plaintiffs’ Psychiatrist Denied After Daubert Hearing

U.S. District Court for the Northern District of Indiana, South Bend Division

In the present action, defendant Johnson Controls, filed a motion to exclude a psychiatrist’s opinions about three plaintiffs’ mental health. By way of background, the plaintiffs retained Dr. Zachary Torry to evaluate whether those three plaintiffs suffered a psychiatric injury as a result of being exposed to asbestos and chlorinated chemicals and, if so, whether a reasonable person under similar circumstances would experience a psychiatric injury. To form his opinions, Dr. Torry met …

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Insurance Coverage / New York
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Judgment Modified, Declaration Vacated as Court Erred in Granting Motion for Partial Summary Judgment

Supreme Court of New York, Appellate Division, Fourth Department

The plaintiffs, Carrier Corporation and Elliott Company, filed a declaratory judgment and breach of contract action, wherein they sought declarations of the rights and obligations of the parties under liability insurance policies issued by various insurers, including the Fireman’s Fund Insurance Company (defendant). Carrier Corporation and Elliott Company are once-related entities who face lawsuits alleging personal injuries from asbestos exposure relating to their products. In November 2018, the court granted five motions for partial summary judgment …

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