Asbestos Case Tracker

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Thomas Bernier Presents Panel Discussion on “The State of Bankruptcy Trusts” at Perrin National Asbestos Litigation Conference, October 1-3, 2018

Goldberg Segalla’s Thomas P. Bernier, a partner in the Toxic Tort Practice Group, will participate in the Perrin National Asbestos Litigation Conference, October 1-3, 2018, at the Fairmont San Francisco Hotel in San Francisco, CA. On the second day of the conference, Tom will participate in the panel discussion, “The State of the Bankruptcy Trusts,” addressing the current conversation surrounding bankruptcy compensation and the values in bankruptcy, as well as the positioning of both the plaintiff and defendant in the event of a bankruptcy.…  

Defense Strategies For Alternative Causation

Goldberg Segalla asbestos team members, Tom Bernier, Oded Burger, Joseph Cagnoli Jr., and Susan Van Gelder have recently published a practical guide for defense attorneys raising alternative causation defenses in Mealey’s Asbestos Litigation Report. (See article link below.) In the paper, the authors reviewed recent scientific advances to provide the defense practitioner the tools to challenge the plaintiffs’ experts’ one-size-fits-all causation model. One of the most significant recent developments in asbestos litigation has come from the field of genomics. Since 2011, over…  

Asbestos Case Tracker Mid-Year Compendium 2018

With reported asbestos decisions continuing to rise, the need to keep informed on developments across the country is imperative. Goldberg Segalla’s Asbestos Case Tracker blog — ranked on the ABA Journal Blog 100 list of the best legal blogs — is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Our blog also reports on legislative updates, significant verdicts, and other critical developments in the asbestos area. We provide summaries of and access to decisions, along with insightful commentary from…  

Asbestos Case Tracker — 2017 Compendium

With reported asbestos decisions continuing to rise, the need to keep informed on developments across the country is imperative. Goldberg Segalla’s Asbestos Case Tracker blog — ranked on the ABA Journal Blawg 100 list of the best legal blogs — is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Our blog also reports on legislative updates, significant verdicts, and other critical developments in the asbestos area. We provide summaries of and access to decisions, along with insightful commentary from…  

Asbestos Case Tracker Named Best Litigation Blog for 2017!

We are pleased to announce that for the second consecutive year, the Asbestos Case Tracker blog has been named the best litigation blog in the country in The Expert Institute’s Best Legal Blog Contest! The Expert Institute’s annual contest considered thousands of legal blogs online today. After an extended public voting process, Asbestos Case Tracker secured the top spot as best litigation blog. A huge thank you goes out to all of our readers who made this honor possible. We certainly could not have done…  

Susan Van Gelder to Speak at Upcoming Asbestos Conference

On Tuesday, December 5, 2017, Susan Van Gelder, partner in Goldberg Segalla’s Toxic Tort Practice Group, will be speaking at Perrin Conference’s New York Asbestos Litigation Conference tomorrow. This day-long seminar will feature several topics, including:
  • What NYCAL looks like today and what to expect in 2018
  • The in-house and insurance perspectives
  • An update on talc litigation
Susan will be part of the “Overview on Upstate New York” panel. For nearly 15 years, Susan has handled thousands of asbestos cases, representing manufacturers of asbestos-containing equipment…  

Joe Welter to Speak at Upcoming Talc Seminar

On Wednesday November 1, 2017, Joseph J. Welter, partner and chair of Goldberg Segalla’s Toxic Tort and Environmental Practice Group, will be speaking at Cardno ChemRisk’s Talc Seminar in Las Vegas.  This half-day seminar will feature several topics, including:
  • The mineralogy and epidemiology of cosmetic talc
  • Historical perspectives on talc, along with its asbestos content and potential health risks
  • Emerging strategies in talc litigation
Joe will present “Talc and Ovarian Cancer: The Dilution of Scientific Causation.” For nearly three decades, Joe has served as national,…  

We Need Your Vote!

Attention blog readers! We are proud to announce that Asbestos Case Tracker has made it to the voting round in The Expert Institute’s “2017 Best Legal Blog Contest.”  Over the past month, this contest received thousands of nominations, which were then narrowed to the “most exciting, entertaining, and informative legal blogs online today.” To vote for this blog, visit The Expert Institute’s contest page here and click “vote” for Asbestos Case Tracker. Only one vote is allowed per IP address, so please try voting on…  

Various Defendants Granted Summary Judgment Under Maritime Law Bare Metal Defense

Plaintiffs Stephen and Marilyn Charlevoix filed this asbestos related personal injury action in Delaware Superior Court against multiple defendants on July 10, 2015. Crane removed the action to this court on August 21, 2015. The plaintiff stated that Mr. Charlevoix was first exposed to asbestos-containing products during his service as a boiler tender with the U.S. Navy from 1961 to 1964 aboard the USS Valley Forge. After his service in the Navy, Mr. Charlevoix worked at Grede Foundry from 1964 to 1966 as a grinder.…  

Court Denies Partial Motion for Summary Judgment on Punitive Damages Against John Crane While Granting Full Summary Judgment for Other Defendants

Icom Henry Evans and Johanna Elaine Evans filed an asbestos related personal injury action in the Delaware Superior Court against multiple defendants on June 11, 2015, asserting injuries arising from Mr. Evans’ alleged harmful exposure to asbestos. Defendant John Crane filed a partial motion for summary judgment as to the plaintiffs’ punitive damages claim. John Crane admits to having knowledge of the hazards of asbestos by 1970. However, the parties dispute whether John Crane had knowledge of the hazards of asbestos before 1970. The parties…  

Plaintiff’s Issues on Appeal Ruled Non-Prejudicial, Insulation was Not a Substantial Cause

Charles Kirk brought suit against Owens-Illinois and Exxon Mobil alleging that his lung cancer was caused by exposure to asbestos containing material.  From 1954 until 1960 Plaintiff worked aboard navy vessels removing insulation produced by Owens–Illinois, Inc., which he claimed exposed him to asbestos fibers. And for two weeks, he worked as an independent contractor at Exxon Mobil’s  Joliet refinery replacing heaters that Plaintiff claimed were insulated with asbestos. Mobil presented counter-evidence that the insulation at its refinery did not contain asbestos.  Notably, Plaintiff smoked…  

Tire Manufacturer Found Grossly Negligent on Appeal of Jury Verdict

Carl Rogers was a longtime employee of The Goodyear Tire & Rubber Company.  After he died of mesothelioma, his wife, Vicki Rogers, brought suit against Goodyear.  At the conclusion of a three-week trial, the jury found by clear and convincing evidence that asbestos fibers from the Goodyear Tyler facility were a proximate cause of Carl’s mesothelioma that resulted in his death. The jury also found by clear and convincing evidence that Carl’s death resulted from Goodyear’s gross negligence. The jury also determined that $15 million…  

Brake Manufacturer’s Motion for Summary Judgment Granted Based on Statute of Limitations

The plaintiff brought suit in Delaware contending that David Bagwell contracted lung cancer from Pneumo Abex’s products. Bagwell was diagnosed in May 2009 and passed away from cancer on January 28, 2010. Plaintiff contacted an attorney regarding this matter in August or 2012. This matter was ultimately filed on June 2, 2014. Under South Carolina law, the defendant argues that the plaintiff’s case must be dismissed because wrongful death claims must be filed within three years of the date of the decedent’s death. However, Delaware…  

Shipyard Fails to Show Nexus Required for Federal Jurisdiction

Plaintiff George K. Mayeaux alleged he suffered exposure to asbestos and asbestos-containing products that were manufactured, sold, installed, distributed, and/or supplied by a number of defendant companies while employed by defendant Avondale Industries, Inc. This matter was removed to the United States District Court for the Eastern District of Louisiana. The plaintiff filed a Motion to Remand back to the Civil District Court for the Parish of Orleans in Louisiana. The plaintiff alleged that he was employed by Avondale from 1963 to 2009. During that…  

Pipe Manufacturer’s Evidence Not Enough Under Causation Standard for pre-1982 claims; Summary Judgment Denied

The plaintiffs filed an action in the Superior Court of Delaware against defendant CertainTeed Corporation alleging that the plaintiff, Jack Trousdale, was exposed to asbestos from CertainTeed’s products. The plaintiffs contend that Mr. Trousdale purchased a flat-bed tractor trailer in 1972 to work as an independent truck driver, and as part of his job Mr. Trousdale shipped CertainTeed pipe. The plaintiffs presented evidence that the defendant sold asbestos-cement pipe from Ambler, Pennsylvania from 1962 through 1982. CertainTeed filed a motion for summary judgment. The court…  

Compressor Manufacturer’s Appeal Denied Based on Finding of Substantial Contribution to Decedent’s Disease

Myra Williams died on August 8, 2013 of complications from malignant mesothelioma. Plaintiff Jimmy Smith, along with his four children, filed suit against several defendants alleging that their products cause Myra’s mesothelioma. Smith alleged that he was exposed to asbestos fibers while working at the Placid Oil Facility in Natchitoches, Louisiana. Smith unknowingly brought fibers and dust home on his clothing after each day of work. Myra would handle and wash Jimmy’s clothing, and sustained what is commonly referred to as bystander asbestos exposure. Ingersoll–Rand…  

Various Product Manufacturers Granted Summary Judgment Under Maritime and Oregon Law

Harold and Judy Haynes filed this asbestos related personal injury action in the Delaware Superior Court against multiple defendants on June 3, 2016, asserting claims arising from Mr. Haynes’ alleged harmful exposure to asbestos. Defendant Crane Co. removed the action to U.S. District Court in Delaware on July 15, 2016. Defendants Aurora, Warren Pumps, Pfizer, FMC, Honeywell, BorgWarner, and Air & Liquid filed motions for summary judgment on March 24, 2017.The plaintiffs did not respond to these motions. Counsel for the defendants sent letters to…  

Plaintiff Fails to Demonstrate Decedent Worked with Boiler Manufacture’s Product; Summary Judgment Granted

Dorothy Charbonneau filed suit in the Superior Court of Delaware against multiple defendants alleging the defendants’ use of asbestos caused her husband, Robert Charbonneau, to contract an asbestos related disease.  Mr. Charbonneau testified that he believed he was exposed to asbestos while maintaining and cleaning multiple boilers manufactured by Cleaver-Brooks throughout his employment career.  Mr. Charbonneau also testified that he removed a sectional boiler during employment with Smith Mechanical. He testified that the boiler may have been Cleaver-Brooks but stated that he believed this because…  

Seeking Your Nomination

Attention blog readers! This year, the ABA Journal is publishing their first ever “Web 100” celebrating the best of the legal industry on the web. In order to be named to the list, we’ll need your help! Since the start of our blog in October of 2015, Asbestos Case Tracker has reported on hundreds of asbestos decisions and has been hailed as the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Our blog reports nearly daily on legislative updates, significant…  

Denial of Remand Based on Government Directed Actions of Airplane Manufacturing Process

The plaintiff filed a motion to remand for lack of subject matter jurisdiction in the United States District Court in the Northern District of California. The plaintiff, Joseph Thrash, alleged he was diagnosed with mesothelioma in September 2016, and was exposed to asbestos while he worked on B-52, C-141, and C-5 airplanes in the United States Air Force from 1975 through the 1980s and while doing automotive work at various locations. The defendant, The Boeing Company, removed the case to federal court; shortly thereafter, defendants…  

Misidentification of Brake Manufacturer’s Name Sufficient for Summary Judgment

The plaintiffs filed suit in the Superior Court of Delaware claiming that Amanda Dullinger was secondarily exposed to Defendant Abex LLC’s asbestos containing brakes while she was a child causing her to develop mesothelioma. The plaintiff’s mother, Tammy Allen, was the plaintiffs’ primary product identification witness. Ms. Allen testified that Ms. Dullinger was present when automotive work was done between 1982 and 1986. Specifically, Ms. Dullinger testified that “Apex” brakes were one of the top three brands of brakes used around Ms. Dullinger. Further, she…  

Raw Asbestos Supplier to Transite Pipe Manufacturer Not Subject to Personal Jurisdiction

Plaintiff Donald Noll sued a number of manufacturers, sellers, and suppliers of asbestos and asbestos-containing products, including Special Electric. Noll alleged that he developed malignant mesothelioma from exposure to asbestos when he worked construction in Washington between 1977 and 1979 cutting asbestos-cement pipes. Those asbestos-cement pipes were manufactured by CertainTeed Corporation, and CertainTeed received most of its asbestos from Special Electric. Special Electric moved to dismiss on the basis that the trial court lacked specific personal jurisdiction over it because its contacts were limited to…  

Insulation Supplier Contracting with U.S. Navy Protected by Government Contractor Defense

Jay Wanlass filed suit against Metalclad Insulation Corp. (Metalclad) based on alleged exposure to friable asbestos. Metalclad moved for summary judgment, which the trial court granted. The plaintiff appealed that decision to the First District Court of Appeal for Division 2 in California. In 1968, Metalclad entered into an agreement with the United States Navy to supply insulation for piping on four nuclear-powered submarines. Those submarines were all constructed at Mare Island Naval Shipyard in Vallejo, California. The plaintiff alleged he was exposed to asbestos…  

Automotive Parts Manufacturer Granted Dismissal due to Lack of Personal Jurisdiction

In another decision out of the Hodjera suit in the Western District of Washington, the motions to dismiss of Dana Companies, LLC and Dana Canada Corporation (the defendants), were granted based on lack of personal jurisdiction. Dana Companies is a Virginia corporation with its principal place of business in Ohio. Dana Canada is a Canadian corporation with its principal place of business in Ontario. The plaintiff alleged that he was exposed to asbestos in Toronto, Ontario, between 1986 and 1994. Neither company is registered to…  

No New Facts Alleged in Plaintiff’s Motion for Reargument; Reargument Denied

On February 2, 2017 the Superior Court of Delaware granted defendant Georgia Southern University Advanced Development Center’s (Herty) motion for summary judgment. The plaintiffs since filed a motion for reargument and reconsideration of that order. Dorothy Ramsey alleged that Herty, a manufacturer of an asbestos paper product, negligently failed to warn her of the risks of take-home asbestos exposure due to her husband’s workplace exposure from 1976-80. The plaintiff alleged that Herty’s failure to warn of the danger was a proximate cause of the decedent’s…  

Ford Granted Summary Judgement in Two Automotive/Tractor Cases in Delaware

Ford was granted summary judgment in two matters pending in the Superior Court of Delaware. First, plaintiff Paul Norris brought suit against Ford Motor Company alleging that he developed an asbestos related disease as a result of his occupational and non-occupational exposure to asbestos while performing work on Ford brakes, clutches, and gaskets. The plaintiff started working on his father’s farm in 1960, which included work on a Ford tractor. The plaintiff testified that the new brakes and clutches used for his tractor work were…  

Decedent’s Work Falls Outside Wisconsin’s Statute of Repose; Summary Judgment Denied

This matter stems from a series of filings. In 2010, plaintiffs Daniel and Beverly Ahnert filed an asbestosis claim on February 25, 2010. That case was transferred to Multidistrict Litigation in the Eastern District of Pennsylvania. Two and a half years later, Beverly Ahnert, as the executrix of the estate of Danial Ahnert, filed a new complaint in the Easter District of Wisconsin alleging that Daniel Ahnert passed away as a result of an asbestos related disease. This matter deals with defendant Sprinkmann Sons, Inc.…  

Compound Manufacturer’s Directed Verdict Reversed

The estate of decedent Ronnie Startley filed a complaint against multiple defendants, including Welco Manufacturing Company, alleging that the defendants’ products caused the decedent to contract mesothelioma. All defendants except Welco either were dismissed or settled with plaintiffs prior to trial. Welco proceeded to trial. After trial, the trial court directed a verdict in favor of Welco, holding that there was not sufficient evidence to create an issue of material fact as to whether the use of Welco’s products caused the decedent to develop mesothelioma.…  

Boiler Manufacturer Granted New Trial Due to Plaintiff’s Counsel’s Comments in Closing Arguments

Defendant Weil McLain appealed the jury’s award of damages and punitive damages to plaintiffs to the Iowa Court of Appeals. The appeal stems from the death of Larry Kinseth as a result of his alleged exposure to asbestos containing products. Mr. Kinseth worked in the heating and plumbing industry beginning in 1957. As part of his work, he tore out old boilers and installed new boilers, both in residential and commercial applications. At the time, Mr. Kinseth was working in the heating and plumbing industry,…  

Bare Metal Defense Rebuts Plaintiffs’ Causation Argument for Majority of Industrial Equipment Manufactures

Patricia Carroll, as special administrator of Ronald Carroll’s estate, sued numerous manufacturers of industrial equipment in which asbestos replacement parts were used, manufacturers of asbestos, or both in U.S. District Court for the Western District of Wisconsin. The claims against the defendants arise from the time Mr. Carroll spent working at Wisconsin Power & Light (WP&L) from 1959 to 1974. Mr. Carroll worked in a variety of different jobs WP&L’s plants during that period of time, including plant helper, auxiliary equipment operator, and boiler operator.…  

John Crane Fails to Establish Personal Jurisdiction in RICO Claim Against Plaintiff Law Firm

Plaintiff John Crane Inc. brought a six-count complaint against defendants Simon Greenstone Panatier Bartlett, P.C., Jeffrey B. Simon, and David C. Greenstone, alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961, et seq., and common law claims for conspiracy and fraud in the U.S. District Court for the Northern District of Illinois, Eastern Division. The defendants contemporaneously filed a motion to dismiss for lack of subject matter jurisdiction and failure to state a claim, however, as a matter of…  

Dissolved Company Failed to Meet Notice Requirements of Statute of Repose

Defendant Grover S. Wormer Company, individually and as successor-in-interest to Wright-Austin Company, brought a motion to dismiss the asbestos litigation filed on behalf of Frank D’Amico in the Superior Court of Rhode Island, Providence.  Wormer originally brought its motion under Super. R. Civ. P 12(b)(6) and contended that the plaintiff’s claims for liability are barred under Michigan’s Business Corporation Act Chapter 8 (the BCA), which governs the dissolution of corporations and provides a Statute of Repose to bar continued liability.  The plaintiff did not contest…  

Exception to Boiler Manufacturer’s Bare Metal Defense Found in Denial of Summary Judgment

James Stevens served as a boiler technician aboard the USS Allagash from July 7, 1951 until October 11, 1952. The boilers on the Allagash were manufactured by Foster Wheeler and included asbestos containing materials in their construction. Foster Wheeler additionally provided additional asbestos containing materials to be used in the boilers. Mr. Stevens was diagnosed with mesothelioma and passed away in 2015. The plaintiffs brought suit against various defendants, including Foster Wheeler, in the U.S. District Court for the District of Rhode Island, alleging Mr.…  

$3.5 Million Punitive Damages Upheld Against Brake Manufacturer on Appeal

James Phillips was diagnosed with mesothelioma in March of 2012 and died in February of 2013. In May of 2012, Phillips and his wife, Charity Phillips, filed a complaint seeking damages for personal injuries caused by asbestos in the Superior Court of Fresno County, California. In May 2013, after Phillips’s death, Charity, individually and as the personal representative of his estate, filed a first amended complaint alleging negligence and strict liability. The first amended complaint named more than 25 defendants engaged in the manufacture or…  

Expert Affidavit Does Not Create a Question of Fact for Nonmoving Party in Motion for Summary Judgment

On February 8, 2017, the United States District Court for the District of Delaware granted Defendants Crane Co., Warren Pumps LL, and Air & Liquid Systems Corporation (Buffalo) separate motions for summary judgment with regards to all causation counts of the plaintiff’s complaint. The plaintiff asserted state law causes of actions against the defendants based on David MacQueen’s (the decedent) employment in the U.S. Navy. The decedent was aboard the U.S.S. Randolph and the U.S.S. Independence from 1956-60. The plaintiff alleged that Crane, Warren, and…  

Asbestos Case Tracker — Complete Compendium for 2016

With reported asbestos decisions continuing to rise, the need to keep informed on developments across the country is imperative. Goldberg Segalla’s Asbestos Case Tracker blog — ranked on the ABA Journal Blawg 100 list of the best legal blogs — is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Our blog also reports on legislative updates, significant verdicts, and other critical developments in the asbestos area. We provide summaries of and access to decisions, along with insightful commentary from…  

Plaintiff’s Inconsistent Testimony is an Issue for Trial; Summary Judgment is Denied

On January 17, 2017, the Superior Court of Delaware, New Castle denied RCH Newco II LLC’s (Newco) motion for summary judgment. The plaintiff, Jessie Hastings, alleged that he contracted colon cancer as a result of his exposure to Newco’s asbestos-containing product, Galbestos. Galbestos was a material that protected metal and roofing products. Mr. Hastings was the only product identification witness and testified in two depositions. In his first deposition, Mr. Hastings testified that he began working at DuPont’s Chestnut Run facility in 1951-52. He testified…  

U.S. Court of Appeals for the Fifth Circuit Finds Removal is Proper Under Federal Officer Removal Statute

Plaintiff Howard Zeringue brought suit against Crane Co. and various other defendants in state court for injuries allegedly caused by exposure to asbestos. The plaintiff alleged that he was first exposed to asbestos in 1952 while he was deployed with the U.S. Navy and served in various capacities in the Navy aboard three vessels until 1956. The plaintiff also alleged he was later exposed to asbestos at two other jobs. However, the plaintiff did not provide the time period for his alleged post-naval exposure. Crane…  

Summary Judgment Affirmed Where Plaintiff Fails to Demonstrate the Frequency, Regularity, or Proximity of Decedent’s Alleged Exposure

Appellant James Floyd, Jr.’s Father, James Floyd Sr. (the decedent), passed away after he was diagnosed with mesothelioma. Mr. Floyd alleged that the decedent was exposed to various asbestos-containing products, including AstenJohnson, Inc.’s dryer felts, while the decedent was employed at Sun Oil from 1939-1951 and at Scott Paper from 1951-1984. AstenJohnson made dryer felts used on paper machines that contained asbestos until 1980. Appellant provided deposition testimony that he worked with the decedent at Scott Paper from 1977-1984. Appellant testified that the decedent replaced…  

Louisiana Worker is a Statutory Employee Entitled Exclusively to Workers’ Compensation Benefits

Plaintiff James Fletcher was diagnosed with pleural mesothelioma in 2015. From 1988 until 1997, he worked in a tool trailer at the Exxon refinery in Baton Rouge, Louisiana. During that time, Fletcher was employed by J. E. Merit, a contractor that provided additional workers for Exxon during maintenance activities known as “turn-arounds.” On February 4, 2016, the Civil District Court in Orleans Parish, Louisiana rendered judgment after a trial on the merits that Fletcher was a statutory employee of ExxonMobil. Fletcher appealed a threshold determination…  

National Forum on Asbestos Claims and Litigation

On Thursday, January 12, 2017, Joseph J. Welter, partner and chair of Goldberg Segalla’s Toxic Tort and Environmental Practice Group, will be speaking at ACI’s Asbestos Claims and Litigation Conference in Philadelphia. This is ACI’s 22nd National Forum on Asbestos Claims and Litigation and will feature several topics, including:
  • Insurer-counsel-insured relationships: strategy between client, carrier, national counsel, and local counsel
  • Fallout surrounding bankruptcy trust transparency
  • Lung cancer and asbestos and a closer look at the science behind it
Joe will be part of the…  

Asbestos Case Tracker Named to ABA Journal’s Blawg 100

For the second time this month, the Asbestos Case Tracker blog has been honored as one of the best legal blogs online today! Editors of the ABA Journal announced this week they have selected Asbestos Case Tracker as one of the top 100 best legal blogs. Now included on the ABA Journal’s Blawg 100, Asbestos Case Tracker made the list of “the 100 most compelling” blogs by beating out more than 4,000 other legal blogs. Once again, we have to thank all of our…  

Asbestos Case Tracker Named Best Litigation Blog for 2016!

We are pleased to announce that the Asbestos Case Tracker blog has been named the best litigation blog in the country in The Expert Institute’s Best Legal Blog Contest for 2016! The Expert Institute’s annual contest considered thousands of legal blogs online today. After an extended public voting process that attracted thirty thousand votes, Asbestos Case Tracker beat out the 500 other legal blogs nominated to secure the top spot as best litigation blog. A huge thank you goes out to all of our readers…  

We Need Your Vote!

Attention blog readers! We are proud to announce that Asbestos Case Tracker has been nominated in The Expert Institute’s “2016 Best Legal Blog Contest.” Over the past month, the Expert Institute has narrowed the field to the most “exciting, entertaining, and informative legal blogs online today.” To be officially named one of the best legal blogs, we’ll need your help! To vote for this blog, visit The Expert Institute’s contest page here and click “vote” for Asbestos Case Tracker. The polls are open until November…  

Midwest Asbestos Litigation Conference

On Friday, September 23, 2016, Paul L. Knobbe, partner in Goldberg Segalla’s Toxic Torts Practice Group, will be among the faculty at HarrisMartin’s 8th Annual Midwest Asbestos Conference in St. Louis. Paul will be speaking on the topic “Naval Vessels and Liability for Asbestos Components.” Other topics that will be discussed at the conference include:
  • Secondary Exposure – Recent Decisions in Key Jurisdictions
  • Pointers on Appellate Practice in Illinois and Missouri – An Appellate Primer
  • Bankruptcy Trust Updates
  • Special Issues in Asbestos Depositions and
 

Exclusion of Belated Theory of Exposure Upheld on Appeal

The plaintiff sued multiple defendants, including “asbestos” and “premises” defendants, asserting claims of negligence, strict liability and premises liability based on his alleged asbestos exposure in the City of Coalinga (where he resided from 1959 to 1972) and during his 30-year career as a pipe inspector. Defendant PAC Operating Limited Partnership was sued as a premises defendant. Its predecessor, Southern Pacific Land Company (SPLC), owned 557 acres of land in the Diablo Mountain Range, located 17 miles outside of Coalinga. In 1961, SPLC leased the…  

Summary Judgment Recommended Where Plaintiff Fails to Establish Substantial Factor Causation Against Multiple Defendants

Plaintiff Mark Hillyer sued multiple defendants, alleging that he developed mesothelioma as a result of exposure to asbestos-containing products while serving in the Navy from 1967 to 1997. His claims were based in negligence, strict liability and loss of consortium. In discovery, the plaintiff was deposed on two occasions but did not produce any other fact or product identification witnesses. The plaintiff testified that, while on the USS George Washington Carver, he conducted preventative maintenance to main engines and turbine generators as well as corrective…  

Appellate Court Allows Industrial Hygienist’s Reliance on Hearsay Evidence in Overturning Summary Judgment in Favor of Defendant Lumber Company

The plaintiff, Jerry Charlifue, sued Goodman Lumber Company after he was diagnosed with mesothelioma. He worked as a taper and painter for U.S. Taping Company between 1972 and 1978. His duties involved applying joint compound and smoothing out walls and ceilings where drywall had been hung. The plaintiff worked with dry joint compound for the first three to four years of the job, which produced respirable dust. Goodman moved for summary judgment on the basis that the plaintiff could not prove that he was exposed…  

Court Denies Aircraft Engine Manufacturer’s Motion for Summary Judgment Based on Military Contractor Defense

The plaintiff filed a Third Amended Complaint against United Technologies Corporation, alleging that UTC was liable in negligence and strict liability for the allegedly defective warnings accompanying Pratt and Whitney TF-30 aircraft engines and for their allegedly defective designs. The plaintiff claims that these defects led to her husband Darryl Dugas’ exposure to asbestos and mesothelioma. During his service in the U.S. Navy, Mr. Dugas worked at Cecil Field in Jacksonville, Florida and aboard the USS Franklin D. Roosevelt. As part of his duties, he…  

Federal Court Grants Summary Judgment to Defendants for Plaintiffs’ Failure to Establish Substantial Factor but Denies It as to Joint Compound and Outside Contractor Defendants

Plaintiffs Charles Arbogast and Barbara Arbogast brought this action against multiple defendants for Mr. Arbogast’s alleged development of mesothelioma as a result of his occupational exposure at Bethlehem Steel Sparrows Point Steel Mill, amongst other sites. Several defendants moved for summary judgment, including Eaton Corporation (Cutler Hammer), Foster Wheeler, MCIC, Georgia Pacific (GP), Schneider Electric (Square D), Union Carbide (UCC), and Crane Co. The court began its analysis by reciting the standard for summary judgment, which is appropriate when “the movant shows there is no…