Author: Asbestos Case Tracker

General
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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, …

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Case Decisions / Minnesota / Remand/Removal
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Remand Denied and Plaintiffs’ Mesothelioma Suit Dismissed Based on Lack of Personal Jurisdiction

MINNESOTA — In March 2016, the plaintiffs filed suit against multiple defendants, including Conwed Corporation, in Missouri Circuit Court in St. Louis alleging that the husband plaintiff’s mesothelioma was caused by exposure to the defendants’ asbestos-containing products, including Conwed’s ceiling tile. On January 19, 2017, the Missouri Circuit Court dismissed the plaintiffs’ complaint against Conwed without prejudice, finding, in part, that Conwed was “a Delaware corporation with its principal place of business in New York.” The plaintiffs refiled suit on March 16, 2017 in Ramsey …

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Case Decisions / New York
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New York Appellate Court Affirms Nine Million Dollar Verdict in Duty to Warn Grinder Case

NEW YORK — The plaintiff filed suit against various defendants, including Hennessy Industries’ subsidiary, Ammco, alleging that the plaintiff’s use of Ammco’s grinder on asbestos-containing brake linings exposed him to asbestos. The plaintiff’s expert testimony was sufficient to establish exposure to asbestos via use of the grinder in sufficient quantities to cause the plaintiff’s mesothelioma. Further, “because the asbestos-laden dust was created by plaintiff’s use of defendant’s grinder and defendant knew its grinder would be used on asbestos-containing products, defendant had a duty to warn …

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Case Decisions / Missouri / Remand/Removal
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Fraudulent Joinder Determination Turns Only on Factual and Legal Basis, Not Intent

MISSOURI — Kansas resident plaintiffs filed an action in the Circuit Court of Jackson County, Missouri, alleging mesothelioma and asbestosis arising out of work first performed in the state of Missouri. Two defendants named in the state court petition were also residents of Kansas, and the rest were from various states. Defendant Athene Annuity & Life Assurance Company removed the case on the basis of diversity. In response to the plaintiffs’ motion to remand, Athene alleged that the plaintiffs had no intention of prosecuting claims …

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Bare Metal/Component Parts / Case Decisions / Maritime/Admiralty Law
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Standard Based Approach in Bare Metal Defense Permits Sailors to Recover in Negligence

The plaintiffs filed suit in negligence and strict liability against several defendants arguing their decedents died from mesotheliomas as a result of their exposure to asbestos containing products for which defendants were responsible. Both plaintiffs alleged exposure while working on-board naval vessels. The defendants removed the case to federal court and summary judgment was granted in their favor on the bare metal defense. The plaintiff separately appealed on the issues of negligence. The appeal was remanded to sort out the negligence issue against the backdrop …

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Case Decisions / North Carolina / Summary Judgment
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Summary Judgment Granted Where Worker’s Compensation Act Bars Plaintiff’s Claims

NORTH CAROLINA — Plaintiffs filed suit against Alcatel Lucent, as successor in interest to Western Electric and Bell Labs (Alcatel), alleging Mr. Moore developed mesothelioma as a result of his work as a cable puller from 1965-95. Alcatel moved for summary judgment, arguing that the North Carolina Worker’s Compensation Act (Act) prohibited the plaintiffs’ claims. The plaintiffs opposed summary judgment and took the position that the exception laid down by the court in Woodson applied.

The court’s analysis began with the standard for summary judgment. …

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Case Decisions / Louisiana / Remand/Removal
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Lack of Service on Forum Defendants Fails to Defeat Removal Due to Diversity Jurisdiction

LOUISIANA — The plaintiffs originally filed their petition in the Civil District Court for the Parish of Orleans, State of Louisiana, after William Leech died of mesothelioma. The plaintiffs were residents of Arizona and named numerous defendants, including three who were Louisiana residents. Nine days after the petition was filed, and before any other defendants were served, defendant Honeywell International removed the action to federal court on the basis of diversity jurisdiction, which was uncontested.

The decedent was a construction engineer who alleged asbestos exposure …

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Asbestos Litigation Analysis
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Application of § 5 of Federal Employers Liability Act (FELA) for Releases Remains Clear as Mud

Two plaintiffs in two jurisdictions bargain for settlement in asbestos related claims. Both agree to take money in exchange for a release of all future claims. Both later develop new diseases and sue the same defendant again. Only this time, one court finds the release unenforceable and the other court dismisses the complaint. No doubt the split that exists in federal circuits applying § 5 of FELA is confusing and remains fact intensive. The two predominant rules are found in Babbitt v. Norfolk & Western …

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General
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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 …

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Case Decisions / Louisiana / Remand/Removal
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Court’s Refusal to Exercise Supplemental Jurisdiction Over Dismissed Defendant Leads to Remand

LOUISIANA — The plaintiff filed this action against several defendants, including Industrial Development Corporation of South Africa, Limited (IDC), alleging he developed lung cancer from exposure to asbestos containing products for which the defendants were responsible. Immediately after the suit was filed, the plaintiff moved to dismiss claims against IDC. A co-defendant stevedoring company filed a third party complaint for contribution and/or indemnification against IDC before the court ruled on the pending motion to dismiss. IDC then removed the case to federal court. The plaintiffs …

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