Author: Jillian E. Madison

Mesothelioma
California / Summary Judgment
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Maritime Defendants’ Motions for Summary Judgment under Government Contractor Defense Denied

Court: United States District Court for the Northern District of California

This asbestos-related lawsuit alleges that the decedent, Roberto Elorreaga, developed mesothelioma from exposure to asbestos-containing products while working aboard the USS Rupertus (DD-851) from October 1959 to January 1960 as a machinist mate, and the USS Cowell (DD-547) from October 1960 until February 1963 as a fireman’s apprentice and then as an electrician’s mate.

Several defendants moved for summary judgment, arguing that the Government Contractor Defense precluded the plaintiffs’ claims.  Plaintiffs opposed the motions arguing …

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Business and lawyers discussing contract papers with brass scale on desk
New York / Summary Judgment
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General Contractor Defendant Fails to Meet Its Burden on Summary Judgment; Motion Denied

In this asbestos-related lawsuit, the defendant, Structure Tone, filed for summary judgment arguing that the plaintiff failed to establish that he was exposed to asbestos from working with or near products used by Structure Tone on jobsites.

In support of its motion, Structure Tone cited its answers to site-specific interrogatories that stated itdid not use asbestos–containing materials on the plaintiff’s job sites. Structure Tone argued further that the plaintiff affirmatively testified he was not exposed to asbestos at two job sites where it was the general contractor. And finally, Structure Tone …

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The law concept background.
Federal Officer Removal / Remand/Removal
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District Court Denies Plaintiff’s Motion to Remand despite Dismissal of Defendant that Formed the Basis of Federal Jurisdiction

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

As previously reported on Asbestos Case Tracker, this matter involves Plaintiff Frank P. Ragusa, who filed an action against various defendants in state court alleging occupational asbestos exposure at the Avondale Shipyards, among other facilities, where he worked as a crane operator from 1973 through 2017. On October 26, 2021, this case was removed to district court pursuant to the federal officer removal statute. The plaintiff has now reinstated a motion to remand to state court. …

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Courtroom, Gavel And Law Books
Louisiana / Summary Judgment
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Defendant’s Motion for Summary Judgment under Longshore and Harbor Workers’ Compensation Act Granted

Court: United States District Court for the Eastern District of Louisiana

Plaintiff Frank P. Ragusa Jr. filed an asbestos-related lawsuit in Civil District Court for the Parish of Orleans alleging he was exposed to asbestos in 1972, and from 1975 to 1976, while working at the Avondale Shipyard. He alleged that as a result of his occupational exposure to asbestos he developed mesothelioma.

Defendant Avondale moved for summary judgment, seeking dismissal of the plaintiff’s claims as barred and preempted by the Longshore and Harbor Workers’ …

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Judge chamber with gavel
Claim Preclusion
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Plaintiff’s Failure to Timely Amend Complaint Results in Court Dismissing Second Filed Complaint

Court: United States Court of Appeals for the Third Circuit

In 2016, plaintiff Richard Nybeck sued various product manufacturers in the Philadelphia County Court of Common Pleas, alleging he developed lung cancer after his occupational exposure to asbestos. Thereafter, the defendants removed the case to federal court pursuant to 28 U.S.C. §§ 1442(a)(1) and 1446.

The plaintiff initially filed a “short form” complaint which incorporated a master long form complaint by reference, instead of laying out defendant-specific facts and allegations. After the case was removed to federal court, …

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judge's gavel and books
Louisiana / Motion to Remand / Remand/Removal
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District Court Finds Defendant Has Colorable Federal Officer Statutory Defense, Denies Plaintiffs’ Motion to Remand

Court: United States District Court for the Eastern District of Louisiana

This is an asbestos-related lawsuit claiming that Shelton Boutte contracted lung cancer from alleged exposure to asbestos during his career as a rigger at the Avondale Shipyard from 1973 to 1975. Plaintiffs bring this lawsuit against defendant, Huntington Ingalls, as successor in interest and party responsible for the Avondale Shipyard. Plaintiffs originally filed this lawsuit in Civil District Court for the Parish of Orleans. Defendant removed the case to district court, and in response, …

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judge's gavel and books
Bankruptcy Trusts
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2022 Fourth Quarter Asbestos Bankrupt Trust Alert

The end of 2022 saw a number of changes to the asbestos bankruptcy trusts, including site list updates to half of the trusts that saw changes during this time. As the Asbestos Case Tracker previously reported, the trend of trusts decreasing their percentage payments continued in the fourth quarter of 2022, with three more trusts doing so. Most notably, the Owens-Illinois Asbestos Personal Injury Trust was formed in 2022 as a result of the bankruptcy of Paddock Enterprises, LLC and its wholly owned subsidiaries to …

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Judge chamber with gavel
New York / Summary Judgment
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Defendant’s “Conclusory” Affidavit Not Enough to Meet Burden on Summary Judgment

Court: Supreme Court of New York, New York County

In this asbestos-related lawsuit, defendant, Perkins Engines, filed a motion for summary judgment arguing that plaintiff could not have used its brakes, clutches, or gasoline engine gaskets. In support of its motion, defendant proffered the affidavit of Kevin Klein, a technical coordinator in Litigation Technical Support for Caterpillar Inc. Klein asserted the defendant never manufactured, designed, or distributed any brakes or clutches, and that it supplied gaskets only for diesel engines. According to the defendant, partial …

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Law theme. Judge chamber.
Louisiana / Summary Judgment
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Multiple Defendants Successful on Motions for Summary Judgment on Plaintiffs’ Intentional Tort and Fraud Claims

U.S. District Court for the Eastern District of Louisiana, July 25, 2022

As previously reported on the Asbestos Case Tracker, this matter stems from decedent Callan Cortez’s take-home exposure to asbestos, from his brother, Daniel, who lived with the decedent while he worked at Avondale Shipyards in 1967-68. Most recently, defendants ViacomCBS Inc. (Westinghouse), General Electric Company, and Foster Wheeler, LLC filed motions for partial summary judgment, seeking to dismiss the plaintiffs’ intentional-tort and fraud claims.

Summary judgment is warranted when “the movant shows that …

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Mesothelioma
Discovery / Rhode Island
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Court Grants Plaintiff’s Motion to Compel Discovery from Turbine Manufacturer at Various Power Stations

Superior Court of Rhode Island, Providence, July 22, 2022

In this asbestos-related lawsuit, the plaintiffs allege that the decedent, Ann Stadtler, developed mesothelioma and died due to take-home exposure to asbestos from her stepfather, Charles Ferguson, with whom she lived from 1948 to 1965. During this time, as part of his employment as a union insulator, Ferguson worked at several different power stations in the New England area.

On November 6, 2019, the plaintiffs served defendant Westinghouse with interrogatories and requests for production of documents …

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