Author: Catherine L. Schwarze

judge with gavel
Motion to Dismiss / New York
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Court Finds Plaintiff Properly Alleges Successor Liability to Survive Motion to Dismiss

Supreme Court of New York, New York County, April 24, 2022

The defendant, PB Heat LLC, filed a motion to dismiss the plaintiff’s complaint and a motion to impose sanctions. The plaintiff filed suit against PB Heat claiming exposure to asbestos, arguing that the doctrine of successor liability is applicable to PB Heat. PB Heat moved to dismiss for failure to state a claim, and moved for sanctions for alleged frivolous conduct. PB Heat argued the complaint lacked any factual allegations that could possibly warrant …

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Pennsylvania / Summary Judgment
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Court Grants Summary Judgment to Turbine Defendants Finding Manufactures Entitled to Bare-Metal Defense

United States District Court for the Eastern District of Pennsylvania, April 1, 2022

The decedent’s widow brought this suit on behalf of the decedent alleging that the decedent’s occupational exposure to asbestos during his time in the Navy is attributable to turbines manufactured by the Westinghosue Corporation. The plaintiff also brought suit against the defendant CBS Corporation alleging CBS is a successor by merger of Westinghouse. The plaintiff also contends decedent’s injuries were caused in part by turbines manufactured by General Electric Company.

The defendant …

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Mesothelioma
Louisiana
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Court Finds Coworker Testimony Sufficient as to Alleged Exposure to Third-Party Defendant’s Product

U.S. District Court for the Eastern District of Louisiana, February 11, 2022

The decedent died of mesothelioma caused by exposure to asbestos. The decedent’s husband allegedly exposed the decedent by wearing clothing covered in asbestos fibers from his work as a laborer and welder at Avondale. The decedent’s heirs filed suit against several defendants.  

Avondale asserted a Third-Party Demand against Amchem, claiming entitlement to virile share contributions depending on the outcome of the plaintiffs’ lawsuit. Amchem moved for summary judgment on Avondale’s claims.

While Amchem never …

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New York / Personal Jurisdiction
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Court Grants Tile Maker’s Motion to Dismiss Finding No Basis for Specific Jurisdiction

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

In this matter, the plaintiff, Kathleen DiFranco, sued to recover damages for personal injuries allegedly incurred by the decedent as a result of exposure to products containing asbestos through his work as a carpenter. The plaintiff alleged the decedent was exposed to asbestos while working with floor tiles containing asbestos made by the defendant, American Biltrite, Inc.

The defendant filed motions to dismiss the plaintiff’s claims against it based on lack of personal jurisdiction. The …

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Remand/Removal
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Remand Denied as Plaintiff’s Fraudulent Joinder Fails to Defeat Diversity Jurisdiction

U.S. District Court for the Eastern District of Missouri, October 22, 2021

Plaintiff Kris Lindsey was diagnosed with mesothelioma which he alleges resulted from asbestos exposure attributable to several defendants. The plaintiff initially filed suit alleging that he had been exposed to asbestos dust as a child by his father. The plaintiff then filed an amended petition that removed those allegations and instead alleged that he was exposed to asbestos by Johnson & Johnson baby powder.

Defendant Johnson & Johnson removed this case to federal …

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Bankruptcy Trusts
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Honeywell Files Suit Against NARCO Asbestos Trust for Mismanagement of Funds

Honeywell International, Inc. has filed a claim in the U.S. Bankruptcy Court for the Western District of Pennsylvania against the North American Refractories Co. asbestos victims trust. In the lawsuit, Honeywell alleges the fund’s managers are wrongly paying claimants who allege they have suffered injuries related to asbestos exposure.

The lawsuit follows several years of disputes between Honeywell and the trust, which was established to resolve the bankruptcy of Honeywell’s former affiliate, North American Refractories Co. (NARCO). Honeywell owned NARCO from about 1979 to 1986. …

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Louisiana / Maritime/Admiralty Law
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Defendants’ MSJ Granted Based on Preemption by Longshore and Harbor Workers’ Compensation Act

U.S. District Court for the Eastern District of Louisiana, September 24, 2021

Plaintiff Ronald J. Barrosse filed a petition for damages in Civil District Court for the Parish of Orleans, Louisiana, against several defendants. The plaintiff alleged that he was exposed to asbestos and/or asbestos-containing products during the course of his employment at Avondale Industries, Inc., and Union Carbide between 1969 and 1979, and that such products were produced, installed, removed, maintained, sold, and distributed by the defendants. The plaintiff testified that during his employment, …

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Mesothelioma
Maryland
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Court Grants Plaintiff’s Motion for Remand Finding No Connection Between Alleged Exposure and the Federal Office

U.S. District Court for the District of Maryland, September 10, 2021

In 2019, plaintiff Robert Murphy was diagnosed with mesothelioma. After being diagnosed, the plaintiff sued the defendants, claiming that his mesothelioma was caused by his exposure to asbestos at the Key Highway Shipyard where the plaintiff worked in 1973 and 1974.

With respect to Hopeman Brothers, Inc., the plaintiff alleged that he was exposed to asbestos-containing dust from Micarta paneling which was cut, manipulated and applied by employees of Hopeman Brothers. The plaintiff also …

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Ohio / Remand/Removal
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Court Finds Case Timely Removed within Thirty Days of Production of Plaintiffs’ Products Disclosure List

U.S. District Court for the Northern District of Ohio, Eastern Division, August 13, 2021

The plaintiffs, Lee Kallsen and his wife, Mary Lou, filed a complaint in the Cuyahoga County Court of Common Pleas against various defendants alleging Mr. Kallsen was exposed to the defendants’ asbestos and asbestos-containing materials, which caused him to develop mesothelioma. Specifically, he alleges he was exposed to asbestos and asbestos-containing materials while aboard the U.S.S Hornet.

One week prior to Mr. Kallsen’s deposition, the plaintiffs tendered a preliminary product identification …

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General
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Court Grants Pump Manufacturer’s MSJ Finding No Evidence Decedent was Exposed to Defendant’s Products

U.S. District Court for the District of Delaware, July 16, 2021

The plaintiff filed this personal injury action against multiple defendants in the Superior Court of Delaware asserting claims arising from the decedent’s harmful exposure to asbestos. The plaintiff alleges the decedent developed mesothelioma as a result of exposure to defendant Nash Engineering Co.’s (Nash) asbestos-containing products during the decedent’s service as a boiler tender in the United States Navy. The lawsuit was removed to federal court on the basis of the federal officer removal …

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