LATEST INSIGHTS

Delaware / Summary Judgment
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Court Recommends Granting Summary Judgment to Pump and Valve Manufacturer

On March 25, 2020, the U.S. District Court for Delaware “recommended” granting summary judgment to defendants Flowserve US, Inc. and Air & Liquid Systems Corporations. By way of background, plaintiffs Pietro Vocciante and Rosalba V. Assante filed a personal injury action against multiple defendants including Flowserve US, Inc. and Air & Liquid Systems Corporation alleging that Mr. Vocciante developed mesothelioma as a result of exposure to asbestos-containing materials during his career as a cadet engineer aboard various oil tanker ships. Mr. Voccinate (“decedent”) subsequently died …

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Louisiana / Remand/Removal
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Louisiana District Court Upholds Federal Officer Removal Following Recent Fifth Circuit Precedent

U.S. District Court, Eastern District of Louisiana

The United States District Court for the Eastern District of Louisiana has issued its first remand decision following the Fifth Circuit’s clarification of removal under the Federal Officer Removal Statute in February 2020.

Plaintiff, Edward J. Boudreaux, Jr. alleged, among other things, that he was exposed to asbestos while working as a welder, pipefitter, and laborer at the Avondale shipyards between 1963 and 1969. Plaintiff filed suit against numerous defendants, several of which represented the interests of the …

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Summary Judgment / Washington
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Summary Judgment Granted to Employer Under Washington Industrial Insurance Act

U.S. District Court for the Western District of Washington, March 16, 2020

WASHINGTON – On March 16, 2020, the U.S. District Court for the Western District of Washington granted summary judgment to defendant, Alcoa, holding that the plaintiff’s claims were barred by the Washington Industrial Insurance Act (WIIA). The plaintiff, Clinton Casey, worked as a utility laborer and pot tender for Alcoa Wenatchee Works, an aluminum manufacturing facility, from 1973 to 2005. He alleged that during this time he was exposed to asbestos from other …

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Appeal / Illinois
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Railroad Case Remanded to Lower Court to Determine “Other Activities”

Supreme Court of Montana, March 11, 2020

MONTANA – The defendant BNSF Railway Company’s (BNSF) appealed the lower court’s decision arguing that the court erred in granting partial summary judgment in favor of the plaintiffs on the issues of preemption, strict liability, and non-party affirmative defenses.

As an overview, W. R. Grace acquired the assets of Zonolite Company, formerly known as Mineral Carbon and Insulating Company. W.R. Grace mined vermiculite seven miles outside of Libby, Montana. W.R. Grace’s operations produced approximately 80 percent of the …

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Asbestos Litigation Analysis / Federal Officer Removal / New York
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Remand Granted After Finding that Removal Period was Triggered by Plaintiffs’ Discovery Responses

NEW YORK – The plaintiffs sued dozens of defendants, including Cleaver-Brooks, alleging that Frederick Brown developed an asbestos-related injury as a result of exposure to the defendant’s products. The complaint was filed in July 2017. The plaintiff served answers to interrogatories in October 2017. The responses stated in pertinent part “…While performing my sheet metal worker duties, I was exposed to asbestos from the work I did as well as from the work of tradesmen around and in close proximity to me who were cleaning, …

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New York / Verdict
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New York County Jury Renders Defense Verdict in World Trade Center Case

NEW YORK – On Friday, March 6, 2020, a New York County jury rendered a defense verdict in the matter of Sharon Epstein, Individually and as Independent Administrator of the Estate of Ira Epstein v. Atlas Turner, Inc., et al., an asbestos personal injury and wrongful death action involving the decedent, Ira Epstein, and his alleged bystander exposures to asbestos-containing products while working at the World Trade Center. Specifically, the plaintiff alleged that for approximately two months in 1970, Ira Epstein worked for an …

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North Carolina / Trial
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Defendant’s Collateral Estoppel Argument Fails in Motion For JMOL

United States District Court, E.D. North Carolina, Western Division, March 5, 2020

NORTH CAROLINA – On June 9, 2015, Wade Miller Gore (decedent) and Faye Gore (plaintiff) filed an asbestos-related lawsuit in the United States District Court for the Middle District of North Carolina. The complaint alleged that the decedent was exposed to asbestos products while working at the DuPont plant in Leland, NC. 

Trial began on Sept. 16, 2019 with the plaintiff’s case-in-chief concluding on Sept. 20, 2019.  At that time, the defendant, John Crane, …

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California / New York
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Court Grants Plaintiff’s Motion for Jurisdictional Discovery for Turbine Manufacturer

United States District Court, S.D. New York, March 3, 2020

NEW YORK – Eugene Paroni, the plaintiff’s spouse, was diagnosed with and died of mesothelioma. The plaintiff alleges that the decedent’s mesothelioma was a result of his asbestos exposure from his work with a turbine manufactured by Ruston Gas Turbines, Ltd. The plaintiff brought suit against Alstom SA, successor-in-interest to Ruston. The plaintiff originally filed suit in California where he resided. Shortly thereafter, service of the summons on Alstom was quashed for lack of personal …

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Louisiana / Trial
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Louisiana District Court Issues Remittitur Decision in Asbestos Case

U.S. District Court E.D. of Louisiana, March 4, 2020

LOUISIANA – The decedent, James Leoma Gaddy, filed a petition for damages against various defendants on Sept. 21, 2018 in the Civil District Court for the Parish of Orleans. It is alleged that the decedent was exposed to asbestos while working at International Paper from 1948 to 1950 and 1952, and while working as a chemical engineer at Ethyl Corporation’s facility from 1955 to 1960. The decedent filed suit against a number of defendants, including Taylor-Seidenbach, …

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Bankruptcy
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Asbestos Claims Against Bankrupt Entities Barred Under Confirmation Order

United States Bankruptcy Court, D. Maryland. March 02, 2020

The plaintiffs were various entities who filed for bankruptcy protection under Chapter 11 in 2001. Their bankruptcy confirmation order set a bar date for the filing of claims by creditors against the entities. Nearly 16 years later, asbestos claimants filed claims for exposure to asbestos in Pennsylvania.  The plaintiffs then filed suit against the asbestos claimants as an adversarial bankruptcy proceeding. Motions for summary judgment were filed by both sides.

The court first set out to …

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