Court Refuses to Consolidate Four In Extremis Cases for Joint Trial

The plaintiffs moved pursuant to CPLR 602 for an order consolidating four in extremis cases for a joint trial: Herman Anderson, Mercedes Abreu, Patrick Demartino, and Mario Scalera. Defendant Ford opposed consolidation in all four cases. Ingersoll Rand Co. and Aurora Pump Co. also opposed in the Demartino case, Weil-McClain opposed in the Abreu case, Genuine Parts Co. and ArvinMeritor, Inc. opposed in Anderson, and Pneumo Abex Corp. and Maremont Corp. opposed in Anderson and Demartino.

In denying the plaintiffs motion to consolidate, …

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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 …

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No Liability Coverage Allocation for Manufacturers Who Continued Making Products with Asbestos After 1987

 

A New Jersey appellate court held that policyholders who continued to manufacture products containing asbestos after 1987 — when coverage for injuries arising from such products was no longer available — need not shoulder any portion of liability for injuries related to asbestos exposure from their products, so long as any portion of such exposure occurred prior to 1987.

The Bendix Corporation, predecessor of Honeywell International, Inc., manufactured and sold brake and clutch pads that contained asbestos. Honeywell has been sued in tens of …

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Insulation Found to be Integral to Turbine as Court Grants Renewed Motion for Summary Judgment Based on Statute of Repose

The plaintiff brought this action against defendants, including Westinghouse, for Earl Norberg, her decedent’s, alleged development of lung cancer as a result of his work around asbestos containing products while working at the Joliet and Romeoville Power stations.

The plaintiff’s fact witness was Mr. Norberg’s brother, Howard, who recalled that he and the plaintiff worked at Joliet Power Station from 1963-65 and again in the mid-1970s. Specifically, he testified that workers were insulating a turbine at Unit 9 while Units 7 and 8 were being …

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Kentucky Appellate Court Affirms Trial Court Finding of Plaintiff’s Failure to Establish Causation to Brake Defendants

The plaintiff Hershel Mannahan brought an action against the defendants for his alleged development of mesothelioma as a result of his work as a laborer, driller, oiler, truck driver, mechanic, and welder for Peabody Coal Mannahan worked as a welder for Peabody at the Vogue Mine from March 1974 to February 1977 and at Riverview Mine from May 1977 to June 1978. He also performed welding and mechanic work at Vogue Mine from June 1978  until February 1986, when he retired.

The plaintiff allegedly performed …

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U.S. District Court Applies Foreign State Removal and Denies Plaintiff’s Motion for Remand

The plaintiff brought an action against multiple defendants for his alleged occupational exposure to lung cancer while working as a longshoreman for different stevedoring companies from 1954-1979. Included with the numerous defendants was Industrial Development Corporation of South Africa, Ltd. (IDC) and South African Marine. The plaintiff’s claims included negligence, strict liability, intentional tort, and premises liability. Specific to IDC and South African Marine, the plaintiff asserted claims under the Jones Act.

Immediately after filing suit, the plaintiff filed a motion to dismiss his claims …

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Seeking Your Nomination

Attention blog readers! This year, the ABA Journal is publishing their 10th Annual “Blawg 100” celebrating the best legal blogs around today. In order to be named, 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 verdicts, and other critical developments …

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2016 Mid-Year Asbestos Case Tracker Compendium

Goldberg Segalla’s Asbestos Case Tracker blog has been hailed as the go-to resource for real-time access to all reported asbestos decisions from federal and state courts throughout the United States. Our blog also reports on legislative updates, significant verdicts, and other critical developments in the asbestos area.

We have covered developing trends regarding cutting edge topics in this practice area, which led us to compile these decisions by category to better understand these developments. We are pleased to provide this category-organized compendium of Asbestos Case …

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Madison County, IL Continues to Top the List for Asbestos Filings

According to a recent article published by the Madison County Record, Madison County, Illinois continues to top the list as the jurisdiction with the most asbestos filings nationally. Several Madison County firms (including Gori Julian & Associates, P.C., Simmons Hanly Conroy, and Maune Raichle) filed hundreds of asbestos cases in 2015 and appear on target to reach those numbers this year. Baltimore comes in as a distant second, with approximately 45 percent fewer cases than Madison County.

Read the full article here.…

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Summary Judgment Denied to Talc Defendant on Statute of Limitations, Burden of Proof, and Causation Issues

In this asbestos personal injury action the plaintiffs allege that Arlene Feinberg contracted mesothelioma because of exposure to asbestos-contaminated talc from defendant Colgate-Palmolive Company’s Cashmere Bouquet. Colgate moved for summary judgment, arguing 1) the plaintiffs’ action is barred by the statute of limitations; 2) the plaintiffs failed to exclude other potential causes of Ms. Feinberg’s mesothelioma; 3) the plaintiffs failed to prove that Cashmere Bouquet caused the mesothelioma; and 4) that there is no evidence of general or specific causation. The plaintiffs opposed summary judgment, …

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