Author: Asbestos Case Tracker

Bankruptcy / North Carolina
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Talc Bankruptcy Case Transferred from North Carolina to New Jersey

U.S. Bankruptcy Court for the Western District of North Carolina, Charlotte Division, November 16, 2021

Debtor LTL Management LLC (LTL) was created through a corporate restructuring before the filing of the instant Chapter 11 case. Johnson & Johnson Consumer Inc. (Old JJCI), a subsidiary of Johnson & Johnson (J&J), was replaced with two new corporate entities: (1) LTL, a Texas limited liability company that converted into a North Carolina limited liability company, and (2) a Texas limited liability company that was merged into J&J and …

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North Carolina / Summary Judgment
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Summary Judgment Granted to Three Defendants in Friction Exposure Case

U.S. District Court for the Middle District of North Carolina, November 9, 2021

In this matter, the plaintiff alleged that the decedent, Robie Walls, was exposed to asbestos during his career as a tractor-trailer fleet mechanic from 1960 to 2002. Mr. Walls was diagnosed with mesothelioma in September 2019 and passed away on October 15, 2020.

Three defendants filed motions for summary judgment, and the court consolidated its decision on all three. Defendants DCo LLC and Eaton Corp. filed motions for summary judgment on all …

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Mesothelioma
Louisiana / Take-Home Exposure
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Plaintiff Cannot Sustain Loss of Consortium Claim Related to Own Alleged Injuries

U.S. District Court for the Eastern District of Louisiana, November 2, 2021

Plaintiff Ethel Sampey alleged that she was diagnosed with mesothelioma as a result of take-home exposure to asbestos from her uncle’s work at Avondale Shipyard from 1957 to 1965, and from her employment as a bartender at bars frequented by Avondale workers after their work in the shipyard from 1966 to 1979.

In her complaint she sought damages for, inter alia, loss of consortium, which includes “elements of loss of service, loss …

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New York / Personal Jurisdiction
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Floor Tile Manufacturer Dismissed for Lack of Personal Jurisdiction

Supreme Court of New York, Suffolk County, October 28, 2021

Plaintiff Kathleen DiFranco brought this matter as a result of alleged injuries to the decedent, Anthony J. DiFranco, stemming from asbestos exposure throughout his career as a carpenter. Along with other products, the plaintiff alleges asbestos exposure due to Amtico floor tiles manufactured by the defendant, American Biltrite, Inc. Before the court is American Biltrite’s motion to dismiss the plaintiff’s claims based on lack of personal jurisdiction and motion for summary judgment.

The court reviewed …

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Damages / Wisconsin
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$26.54 Million Verdict in Wrongful Death Case against Brewing Company

Milwaukee County Circuit Court

The decedent, Gerald “Jerry” Lorbiecki, was a steamfitter who worked at a number of job sites over the better part of four decades prior to his death from mesothelioma. Attorneys for the decedent argued that two of these locations—Pabst Brewing Co. and Wisconsin Electric—were “negligent in protecting employees from asbestos exposure and violated Wisconsin’s Safe Place Act.” Wisconsin Electric settled with Mr. Lorbiecki’s estate prior to trial.

In closing arguments, lawyers for Pabst argued that company safety officials were unaware of …

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Mesothelioma
Louisiana / Remand/Removal
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Federal Officer Removal Upheld in Secondary Exposure Case

U.S. District Court for the Eastern District of Louisiana, October 18, 2021

The plaintiff, Reginald A. Hamilton, Jr., alleged that as a child in the 1960s and 1970s he frequented his grandmother’s restaurant, the Rail Restaurant, which was walking distance from Avondale’s Main Yard, and thus was often patronized by Avondale Shipyard workers, contractors, and employees, and by military personnel. Mr. Hamilton alleged that throughout this time, he was exposed daily (or near daily) to asbestos dust brought into the restaurant by these patrons, and …

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Louisiana / Summary Judgment
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Summary Judgment Granted, Court Requires Proof of “Significant” Exposure

U.S. District Court for the Eastern District of Louisiana

Plaintiff Krutz filed suit inLouisiana state court on April 29, 2020, against a number of defendants, including Amchem, as a result of his alleged asbestos exposures. The case was removed to federal court on June 15, 2020. On Nov. 9, 2020, Krutz died, allegedly as a result of mesothelioma. During his deposition, Krutz testified that he began working for the Avondale Shipyard in 1968 as an interior communications electrician. He testified that during his forty-year career …

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New York / Summary Judgment
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Boiler Defendant Had No Duty to Warn; Granted Summary Judgment

U.S. District Court for the Southern District of New York, September 16, 2021

The decedent, John Grimes, and his domestic partner filed two lawsuits in New York State Court against two different sets of defendants, alleging that the decedent developed mesothelioma as a result of his exposure to asbestos-containing products while working at the Brooklyn Navy Yard in the early 1960s.

The decedent testified that he worked aboard the USS Constellation, and defendant Foster Wheeler admitted that it manufactured boilers that were present on this …

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Florida / Remand/Removal
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Asbestos Action Remanded Based on Allegations Against Insulation Defendant

U.S. District Court for the Southern District of Florida, August 31, 2021

Plaintiffs David and Dorothy Bateman commenced this lawsuit in Broward County, Florida, alleging that Mr. Bateman developed mesothelioma as a result of his exposure to asbestos-containing products while serving in the British Royal Navy from 1967 to 1975. The defendants filed a notice of removal pursuant to 28 U.S.C. §§ 1332, 1441, and 1446. In response, the plaintiffs filed a motion to remand, alleging that the notice of removal was procedurally defective and …

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Judge Hitting Mallet On Dollar
South Carolina
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Court Denies Post-Trial Appeals of Control and Valve Defendants

Court of Appeals of South Carolina, September 1, 2021

The plaintiffs filed this action against numerous defendants, including Fisher Controls International LLC and Crosby Valve, LLC, alleging that the husband plaintiff was exposed to asbestos emanating from the defendants’ products. The plaintiffs alleged, inter alia, that (1) the defendants were strictly liable for the harm caused to the plaintiff by their products because the lack of an adequate warning or adequate use instructions rendered the design of these products defective and dangerous; (2) the defendants …

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