Asbestos Case Tracker 2019 Compendium

We are pleased to provide the 2019 Asbestos Case Tracker Compendium containing all of the posts throughout the second half of 2019 to clients and friends of Goldberg Segalla. Goldberg Segalla’s Asbestos Case Tracker is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Ranked on the 2018 ABA Journal Web 100 for top legal resources, our blog reports on legislative updates, significant verdicts, and other critical developments in the asbestos area. We provide summaries of and access to decisions,…
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Johnson and Johnson Prevails at Motion to Transfer Venue U.S. District Court of Eastern Missouri. E.D., January 21, 20202

TENNESSEE –The plaintiff, Shawnee D. Douglas, filed a lawsuit in the Circuit Court of Hamilton County, Tennessee against Johnson & Johnson Consumer, Inc., f/k/a McNeil-PPC, Inc. and Imerys Talc America, Inc., f/k/a Luzenac America, Inc., alleging she was exposed to the defendants’ asbestos-containing or asbestos-contaminated talc. On September 26, 2017, Johnson & Johnson removed the case to the United States District Court for the Eastern District of Tennessee. The plaintiff then filed suit in Missouri state court based on information connecting a Missouri entity, PTI…
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Court Grants Pump Manufacturer’s Unopposed Motion for Summary Judgment Finding No Genuine Issue of Material Fact United States District Court, E.D. Louisiana, January 22, 2020

LOUISIANA – On March 7, 2018, a lawsuit was filed on behalf of the plaintiff, Cary Gomez, alleging take-home exposure to asbestos through the plaintiff’s father’s employment at Avondale Shipyards in the 1960s, and through the plaintiff’s work as a plumber for Aardvark Contractors, Inc. from 1988 to 2011. The plaintiff contends that he contracted mesothelioma from his exposure to asbestos. The defendant, Viking Pump, Inc., filed a motion for summary judgment arguing that the plaintiff has failed to provide evidence:
  1. That the plaintiff or
…
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Defendant’s Summary Judgment Upheld by Wisconsin Appellate Court Finding That the 10-Year Statute of Repose Barred Appellant’s Claims Court of Appeals Wisconsin, January 22, 2020

WISCONSIN – In this appellate action, Jacqueline Nooyen, the plaintiff, sought to appeal the circuit court’s decision to grant summary judgment to the defendants, Wisconsin Electric Power Company, Madison Gas and Electric Company, Wisconsin Power & Light Company, and Wisconsin Public Service Corporation. The plantiff’s husband, the decedent, was a career pipefitter who, between 1970 and 1973, was involved in the original construction of two nuclear power plants owned by the defendants. On December 2, 2016, the decedent was diagnosed with mesothelioma as a result…
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California Appellate Court Upholds Defendants’ Summary Judgment Based Upon Appellants’ Failure to Create a Triable Issue of Material Fact Court of Appeals, Second District, Division 4, California, January 22, 2020

CALIFORNIA – In July 2016, Ann Patrice Gibbons, the plaintiff/appellant, was diagnosed with mesothelioma. A lawsuit was filed by the appellant and her husband in December 2016, alleging the appellant’s exposure to asbestos through her own use, from 1980 to 2000, of Shower to Shower talcum powder manufactured by Johnson & Johnson Consumer Inc. (JJCI), as well as take-home exposure from the appellant’s current and former spouses, who worked in the construction industry from 1981 to 2000. JJCI, along with their supplier of talc, Imerys…
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Plaintiffs’ Motion for Leave to File Second Supplemental & Amended Complaint Granted United States District Court, E.D. Louisiana, January 21, 2020

LOUISIANA – The plaintiff, Victor Michel, filed suit in Louisiana State Civil Court against 29 defendants on July 28, 2017. Specifically, the plaintiff sought damages from the defendant, Ford Motor Company, as an asbestos miner, manufacturer, seller, supplier, or distributor. In his complaint, the plaintiff alleged that between 1968 and 1969, he worked as a mechanic at Crescent Ford in New Orleans, Louisiana where he conducted routine maintenance on vehicles, including changing brakes and clutches and overhauling engines. The plaintiff also alleged employer and premises…
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Five Million Dollar Verdict Against Caulk and Tape Manufacturer Reversed for Lack of Evidence of Substantial Factor Appellate Court of Illinois, Fourth District, January 21, 2020

ILLINOIS – The plaintiffs brought suit against more than 50 defendants alleging their decedent, Willard Krumwiede, developed and passed from mesothelioma as a result of occupational exposure to asbestos for which the defendants were liable. Specifically, the plaintiffs contended that Krumwiede was exposed to asbestos tape and caulk made by Tremco. Both products were purported to contain chrysotile fibers. According to the plaintiffs, Krumwiede used the products during his career as a window glazer where he installed panes of glass into wood and aluminum frames.…
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Plaintiffs’ Motion to Remand Granted Due to Untimely Notice of Removal by Bankrupt Defendant United States District Court, S.D. New York, January 15, 2020

NEW YORK – On Nov. 29, 2016, the plaintiffs, Anna and Guido Nocelli, both citizens of New York, filed an action in the Supreme Court of New York alleging 11 causes of action related to Anna Nocelli’s, alleged asbestos-related disease. The initial complaint named multiple defendants, including the Union Carbide Corp., that were citizens of New York. The plaintiffs allege they were legally barred from naming Kaiser Gypsum Company  as a defendant in the initial complaint because Kaiser filed for Chapter 11 bankruptcy protection in…
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Partial Settlement Did Not Moot Claim for Vexatious Refusal to Pay U.S. Western District of Missouri, January 14, 2020

MISSOURI – O’Reilly Auto Enterprises, LLC succeeded to the interests of Grand Auto, Inc., and O’Reilly was named as a defendant in several asbestos-related personal injury actions as a result. Industrial Indemnity had issued two insurance policies covering such claims to Grand Auto, and U.S. Fire had succeeded to Industrial Indemnity’s interests. As a result prior to 2012, U.S. Fire provided defense and indemnity to O’Reilly in the personal injury actions pursuant to the Industrial Indemnity policies. In 2012, the insurer incorrectly determined that the…
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Pennsylvania Personal Jurisdiction Update

The past three years have seen the scope of personal jurisdiction challenges expand on a national level, and Pennsylvania is no exception. Two areas in particular in Pennsylvania, jurisdiction by consent and jurisdiction by registration, have been tackled by both the state and federal courts in the Commonwealth. There have been inconsistent rulings in the courts, and there is potential for a continued sea change in this particular area of jurisprudence based on the outcome of a currently pending appeal in the Pennsylvania Superior Court.…
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Plaintiff Granted Remand After Shipyard’s Removal to Federal Court United States District Court, E.D. Louisiana, January 10, 2020

LOUISIANA – The plaintiff, Denis Schexnayder, alleged that he contracted lung cancer as a result of exposure to asbestos from multiple defendants, including Avondale. The plaintiff brought suit against Avondale for its failure to warn about asbestos hazards and provide adequate safety equipment and procedures. The plaintiff alleged that he and his father performed work at the Avondale shipyard pursuant to contracts between Avondale and the United States government for the construction of vessels. These contracts included requirements that Avondale use asbestos-containing materials. On July…
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