LATEST INSIGHTS

Ohio / Summary Judgment
Posted by:

After Multiple Re-Filings Summary Judgment Reversed on Multiple Grounds

OHIO – The decedent Garry Blakely was employed at Aerospace, a division of the defendant Goodyear Tire & Rubber Company, which contained sub-divisions that manufactured aircraft brake assemblies. The decedent worked in the wheel and brake division, where he drilled, shaped, and incorporated linings into brake assemblies. Upon his diagnosis of mesothelioma in 2014, the decedent sued multiple defendants, including Goodyear. Goodyear moved for summary judgment on product liability, supplier liability, and premises liability, which the trial court granted in full, but prior to the …

Continue Reading
Close up of Male lawyer or judge hand's striking the gavel on sounding block, working with Law books, report the case on table in modern office, Law and justice concept
Other Asbestos News / Personal Jurisdiction
Posted by:

Reconsideration of Motion to Dismiss of Auto Parts Manufacturer Denied Due to No Manifest Error

Defendant National Automotive Parts Association (NAPA) filed the instant Motion for Reconsideration of the order denying the Motion to Dismiss for Lack of Personal Jurisdiction, putting forth three arguments:

  1. The order appeared to have mistakenly cited to inadmissible and incompetent evidence
  2. The court may have overlooked a key distinction between branding or licensing a product and manufacturing or distributing a product
  3. The order did not rule on NAPA’s alternative request that an evidentiary hearing be held to resolve any factual conflict

Western District of Washington …

Continue Reading
Connecticut / Summary Judgment
Posted by:

Failure to Provide Expert Evidence in Conjunction with Exposure Testimony Leads to Grant of Summary Judgment

CONNECTICUT – The plaintiff alleged that the decedent, James Schmidt, was exposed to asbestos during the course of his various careers. The defendant CNH Industrial America (CNH) moved for summary judgement, which was denied on the basis of decedent’s deposition testimony that he worked on asbestos-containing bulldozers and excavators CNH moved for reconsideration, and summary judgement was granted.

CNH argued that the deposition testimony was inadmissible and the plaintiff lacked the expert evidence required to carry her burden of proof under the Connecticut Product Liability …

Continue Reading
Other Asbestos News / Personal Jurisdiction
Posted by:

Washington State Personal Jurisdiction Dispute Remanded to Trial Court for Further Findings of Fact

WASHINGTON – The plaintiff sued the defendant Special Electric and others on behalf of the decedent Donald Noll, and alleged that Noll’s fatal mesothelioma was caused in part by his work with asbestos-cement pipe in the 1970s that contained asbestos supplied by Special Electric. Special Electric moved to dismiss the matter for lack of personal jurisdiction, which the trial court granted. However, Washington’s Supreme Court remanded the case to the trial court for consideration of the facts in light of its decision in State v. …

Continue Reading
California / Summary Judgment
Posted by:

Naval Contractor’s Summary Judgment Win Overturned on Appeal

CALIFORNIA – Yesterday, a three-judge panel reversed a California trial court’s grant of summary judgement for the defendant, Triple A Machine Shop (Triple A), Inc., and remanded the matter to the trial court for further determination of Triple A’s arguments in support of summary adjudication. The decedent, Michael Harris, sued Triple A, among others, and alleged that their subcontracted work overhauling the USS San Jose in San Francisco for over three months in 1973 disturbed asbestos and contributed to the development of his mesothelioma. The …

Continue Reading
New York / Other Asbestos News / Verdict
Posted by:

Jury Verdict on Future Pain and Suffering Found to be Unreasonable Compensation Against Boiler Defendant

NEW YORK – A New York appellate court has vacated the trial court’s entry of judgement of $2 million for future pain and suffering in a recent mesothelioma case and has ordered the plaintiff to stipulate within 30 days to a reduction of future pain and suffering damages to $500,000 or face a new trial on damages.

The verdict included a $5 million award for the plaintiff’s past pain and suffering, which was untouched on appeal. Although the plaintiff presented evidence that their future condition …

Continue Reading
Louisiana / Pleadings Challenge
Posted by:

Additional Discovery Ordered to Determine Location of Exposure in Facility Defendant’s Personal Jurisdiction Challenge

LOUISIANA — The plaintiff, Frederico Lopez, filed suit against the defendants, alleging he developed mesothelioma from exposure to asbestos while working as a gasket cutter for Lamons Gasket Company from 1971-1973 and as a pipefitter for Kellogg Brown and Root (KBR) from 1973-1986. Lopez passed away on November 9, 2017. The plaintiffs amended their complaint to include ConocoPhillips (Conoco) as a defendant. The amended complaint claimed that Lopez was “exposed to asbestos during his work for KBR at premises/sites owned and/or operated by…ConocoPhillips, as successor …

Continue Reading
Other Asbestos News / Trial
Posted by:

New York Talc Case Continued on Eve of Trial to Allow for Further Testing

NEW YORK – The plaintiff Beverley Alleyne filed suit against Revlon alleging she developed mesothelioma from asbestos in Revlon’s Charlie talcum powder product. Less than ten days before a May trial date, the plaintiff disclosed a report of Dr. William Longo, summarizing his testing of a Charlie product purchased on Etsy. Due to the late disclosure, the trial court continued the case to June 4, 2019 so that Dr. Longo could be deposed. Revlon moved to strike Longo’s report and for an additional continuance in …

Continue Reading
Judge gavel with lawyer and attorney meeting in law firm background. Concepts of law, legal advice,legal services.
Personal Jurisdiction / Utah
Posted by:

Lack of Personal Jurisdiction Against Artificial Snow Manufacturer Leads to Dismissal on Appeal

UTAH – The plaintiff, Michele Felix, filed suit in 2015 on behalf of her brother, who died of mesothelioma in 2014. In 2017, she amended the complaint to join Novelis, whose predecessor in interest, Metal Goods, allegedly exposed Raymond Felix to asbestos through its manufacture of an artificial snow product. Novelis subsequently moved for dismissal based upon a lack of personal jurisdiction. The district court found there was no general jurisdiction over Novelis but that specific jurisdiction had been established upon evidence that the artificial …

Continue Reading
Expert Challenges / New York
Posted by:

Denial of Talc Defendant’s Motion for JNOV Reversed on Appeal

NEW YORK – In unanimously reversing an order denying the defendant Whittaker Clark & Daniel’s, Inc.’s (WCD) motion for judgment notwithstanding the verdict, today New York’s First Department determined that the plaintiff Claudine DiScala did not present sufficient evidence to establish a level of exposure that could have caused the decedent, Joan Robusto’s, mesothelioma. They determined that although there was not a requirement to quantify a mathematically precise exposure level, the plaintiff’s causation expert failed to express a legally sufficient opinion because he “merely opined …

Continue Reading