Mesothelioma

Plaintiffs’ Motion to Exclude Defense Expert’s Hearsay Statements Granted

United States District Court for the Eastern District of Louisiana; July 18, 2022

Plaintiffs filed an asbestos-related lawsuit on behalf of Decedent, Callan Cortez, alleging that Mr. Cortez contracted mesothelioma as a result of exposure to asbestos, and subsequently died. The relevant exposure claimed by Mr. Cortez was take-home exposure from his brother, Daniel, who lived with Mr. Cortez while he worked at Avondale Shipyards from 1967 until 1968.

Danny Joyce, an Avondale industrial hygienist and corporate witness, gave deposition testimony about conversations he had …

Continue Reading
Mesothelioma

Defendants Successful on Motion to Strike Plaintiff’s Expert’s Specific Causation Opinion 

United States District Court for the Northern District of California, July 11, 2022

Plaintiff, Frank Shelton, filed an asbestos-related lawsuit alleging his exposure to asbestos from various defendants’ products while he served in the Navy from approximately the mid-1960s to the early 1970s caused him to contract mesothelioma. During his service, plaintiff worked as a machinist mate while stationed aboard the USS Constellation, USS Repose, and USS Haleakala, where he regularly and routinely performed maintenance and repairs to various equipment in the …

Continue Reading

New York’s Grieving Families Act May See First Update In Over 100 Years

The current wrongful death statute in New York, which has been in place since 1847, may get a revamp in the coming months. Senate Bill S74A, also known as the Grieving Families Act (“the Act”) is currently awaiting Governor Kathy Hochul’s signature. Full language of the statute is available here.

If signed, the Act will expand compensable damages in wrongful death actions to include emotional losses such as grief and anguish to the types of damages that family members would be entitled to recover. …

Continue Reading
judge's gavel and books

Pump Manufacturer Successful on Summary Judgment

Supreme Court of New York, Suffolk County, June 6, 2022

Plaintiffs Lisa and Edward Gavin filed a lawsuit to recover damages for the injuries Lisa allegedly sustained as a result of exposure to asbestos-containing products manufactured or sold by defendants during her employment with Courter and Company from 1978 to 1980.

Defendant Sterling Fluid Systems LLC (USA), moved for summary judgment dismissing the complaint against it, arguing that the plaintiff did not allege asbestos exposure from its pumps, and that there was no evidence that …

Continue Reading
judge with gavel

Court Dismisses Plaintiffs’ International Tort Claim Against Outside Contractor; Finds Issues of Fact For Jury on Outside Contractor’s Alter Ego Liability

United States District Court for the Eastern District of Louisiana, June 8, 2022

In April 2022, Hopeman filed the instant motion for partial summary judgment arguing that the plaintiffs’ intentional tort claim must be dismissed because they cannot provide evidentiary support that it consciously desired to afflict the decedent with primary lung cancer or knew that his cancer was substantially certain to follow from its actions. The plaintiffs opposed, arguing that Hopeman knew of the hazards of asbestos and that the decedent’s disease was substantially …

Continue Reading
Judge gavel with lawyer and attorney meeting in law firm background. Concepts of law, legal advice,legal services.

Appellate Court Affirms in Part, Remands Trial Court’s Ruling Regarding Mask Manufacturer’s Negligence

Court of Appeals of Washington, Division One, May 9, 2022

In January 2020, the plaintiff, Larry Roemmich, sued 3M, among others, for product liability and negligence based on his diagnosis of mesothelioma, which he alleged was a result of his exposure to asbestos. The plaintiff worked at Puget Sound Naval Shipyard from 1968 to 1995 and alleged he was exposed to asbestos and asbestos-containing products as part of his work from 1968 until the early 1980s. The plaintiff wore 3M 8710 masks from 1972 until …

Continue Reading
Close up of Male lawyer or judge hand's striking the gavel on sounding block, working with Law books, report the case on table in modern office, Law and justice concept

Lube Oil Purifier Manufacturer Successful on Motion to Dismiss Based on Lack of Personal Jurisdiction

United States District Court for the Northern District of Illinois, Eastern Division; April 11, 2022

The plaintiffs, George Lishman and Vicki Lishman filed a complaint on January 26, 2021 against Alfa Laval Inc., (“defendant” or “Alfa Laval”) in addition to other defendants, alleging that Mr. Lishman developed mesothelioma resulting from exposure to the defendants’ asbestos-containing products. Mr. Lishman was a life-long Illinois resident. Alfa Laval is a New Jersey corporation with its principal place of business in Virginia, and serves as successor-in-interest to the Sharples …

Continue Reading

Employer Defendant Successful on Summary Judgment, Except for Claims of Take-Home Exposure

The plaintiff, Callen Cortez, was diagnosed with mesothelioma on June 2, 2020. On July 1, 2020, he filed an asbestos-related lawsuit against Avondale and approximately thirty-four other defendants, alleging that he contracted mesothelioma as a result of exposure to asbestos during his employment with various companies, including Avondale, as well as take-home exposure resulting from his brother’s work with various companies, including Avondale.

Avondale filed a motion for summary judgment alleging that the plaintiff’s claims against it should be dismissed because they are preempted by …

Continue Reading
judge with gavel

Electric Product Manufacturer Successful on Summary Judgment After Court Finds No Evidence of Exposure to Defendant’s Products

U.S. District Court for the Eastern District of Louisiana, March 14, 2022               

The plaintiff, Marsha Roussell, filed an asbestos-related lawsuit alleging that she was secondarily exposed to asbestos via work performed by her father, Asward Theriot, and her uncle, Tracy Theriot, which caused her to be diagnosed with mesothelioma. Plaintiff alleged her father and uncle worked with products manufactured by defendant ViacomCBS, Inc., f/k/a CBS Corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation while employed at Avondale Shipyard at …

Continue Reading

Navy Submarine Manufacturer Successfully Removes Case to Federal Court Under Federal Officer Removal Statute

U.S. Court of Appeals for the First Circuit, January 31, 2022

In this matter, plaintiff Michael Moore served in the Navy working as an electronics technician aboard the USS Francis Scott Key from 1965 to 1969. He alleged that he was exposed to asbestos during the construction of the submarine, and sued Electric Boat Corporation, the federal contractor that built the submarine, among other defendants.

The Electric Boat shipyard operated “in accordance with government contracts, in conformance with military specifications, and under Navy oversight.” The …

Continue Reading