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Gasket Manufacturer’s Motion to Dismiss on Personal Jurisdiction Denied Due to Conclusory Arguments

U.S. District Court for the Eastern District of Arkansas, Central Division, August 25, 2020

Defendant Federal-Mogul Asbestos Personal Injury Trust, as successor to both the Felt-Products Manufacturing Company and the Vellumoid Division of Federal-Mogul Corporation, filed separate motions to dismiss on behalf of each. The court notes that both motions failed to comply with Local Rule 7.2 as they were not accompanied by a brief. Furthermore, the arguments in the rough two-page motions were completely undeveloped and conclusory, which the court noted was enough to …

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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 …

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Fourth Circuit Upholds $32.7 Million Award in North Carolina Deceased Mesothelioma Case

U.S. Court of Appeals for the Fourth Circuit, August 24, 2020

On August 24, 2020, the U.S. Court of Appeals for the Fourth Circuit issued a decision upholding a $32.7 million damage award rendered by a North Carolina jury in the matter of Finch v. Covil. The Finch matter involved a 78-year-old deceased mesothelioma claimant, who the plaintiffs allege was exposed to asbestos during his work at the Firestone Tire Plant in Wilson, North Carolina from 1975 to 1995. Specifically, the plaintiffs alleged that …

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Jury Deviated From Reasonable Compensation in $13M Award, New York Appeals Court Rules

Supreme Court, Appellate Division, First Department, New York, August 6, 2020

The Appellate Division of the First Department of New York vacated a $13 million award in a mesothelioma case, stating that the award deviated from what would be “reasonable compensation” for the claims. During the initial trial, the jury awarded $4 million for future pain and suffering, $250,000 for future loss of consortium, $5.5 million for past pain and suffering, and $650,000 for past loss and suffering.

The appellate division upheld the $4 million …

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North Dakota Asbestos Bankruptcy Trust Transparency Act Deemed Constitutional, Plaintiffs Demanded to Disclose Bankruptcy Trust Filings

U.S. District Court for the District of North Dakota

In Kotalik v. A.W. Chesterton Co., several defendants filed motions to enforce the plaintiffs’ compliance with disclosure requirements of North Dakota’s Asbestos Bankruptcy Trust Transparency Act. Counsel for the defendants as well as plaintiffs moved the court for a hearing on the issue. Lastly, plaintiffs’ counsel moved for a certification of a question to the North Dakota Supreme Court regarding the constitutionality of the Trust Transparency Act.

In its analysis, the court held that plaintiffs …

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Farm Equipment Dealer Wins Motion for Summary Judgment

U.S. District Court for the District of Delaware, July 29, 2020

Plaintiff John Pruitt filed this asbestos lawsuit alleging he contracted mesothelioma from occupational exposure to asbestos. The plaintiff served in the Navy from September 1959 to April 1962. Upon his discharge from the Navy, he worked at Schroer, a John Deere farm equipment dealership in Valdosta, Georgia, from 1963 to 1974. He initially worked as a runner, delivering and picking up parts such as brakes, clutches, and paint decals. In 1966, he started working …

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Plaintiffs Agree to Defendant’s Dismissal After Motion to Dismiss Filed in Talc Case

U.S. District Court for the Western District of New York, July 29, 2020

On February 28, 2019, plaintiffs John Castro and Joyce Castro commenced this products liability action in state court against defendants, including CVS Pharmacy, alleging that Mr. Castro was diagnosed with mesothelioma as a result of his exposure to asbestos from his use of asbestos-contaminated talc products.

On March 1, 2019, this matter was removed to federal court on motion by the defendants.  The plaintiffs filed a motion to remand. On June 2, 2020, the court accepted …

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Case Remanded to State Court Due to Lack of Diversity or Federal Enclave Jurisdiction Over Equipment Manufacturer

In Hatten v. Grobet United States, the U.S. District Court for the District of Arizona recently ruled on a defendant’s motion to remove the case to federal court. In this case, plaintiff Renee Hatton alleged that as a result of the defendants’ actions, her mother contracted mesothelioma from exposure to asbestos-containing products between 1977 and 1979 while working as an art teacher and jewelry-making instructor at Fort Huachuca. Defendant Grobet filed a notice of removal, asserting that the court had federal enclave jurisdiction, as …

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NYCAL Judge Manuel Mendez Appointed to Appellate Division, Question Remains: Who is the Next NYCAL Coordinating Judge?

On July 13, 2020, Governor Andrew M. Cuomo announced four appointments to fill vacancies in the Appellate Division of the Supreme Court, in the First Department of New York State. Two of those appointees are no strangers to New York Asbestos Litigation (NYCAL), Judge Martin Shulman and Judge Manuel Mendez. NYCAL has one of the most active asbestos dockets in the United States. In fact, NYCAL had approximately 314 filings in 2019.

Justice Shulman, a well-known judge in NYCAL was first elected to the Manhattan …

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Electrical Manufacturing Defendant’s Motion to Exclude Plaintiff’s Experts Denied After Daubert Hearing

U.S. District Court for the Middle District of Pennsylvania, July 21, 2020

Decedent Thomas Gorton, the husband of plaintiff Rhonda J. Gorton, developed mesothelioma, allegedly due to his occupational exposure to defendants’ asbestos-containing products. Prior to trial, defendant Eaton Corporation, as successor-in-interest to Cutler-Hammer filed a Motion to Exclude the Expert Testimony of the plaintiff’s experts Richard Kradin, M.D. and Howard M. Kipen, M.D., MPH. In July 2020, the court held a two-day Daubert hearing. Under Daubert, “the district court acts as a gatekeeper, …

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