Author: Jillian E. Madison

Appeal / California / Expert Challenges
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Plaintiff Prevails on Defendant’s Expert Appeal; Court Affirms Seven-Figure Judgment

Court of Appeal of California, Second Appellate District, Division Eight, September 13, 2021

This matter was brought on behalf of decedent Donald Vanni in 2014, alleging two causes of action for negligence and strict product liability against defendant Honeywell International, Inc. among others. The plaintiff alleged that the decedent was exposed to asbestos from owning and operating a bowling alley from 1957 to 1986. Specifically, the decedent was responsible for drilling finger holes in plastic bowling bowls manufactured by Ebonite. The decedent was diagnosed with …

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Bankruptcy Trusts
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2021 First Quarter Asbestos Bankruptcy Trust Alert

Asbestos bankruptcy trusts remain a topic frequently monitored and reported on Asbestos Case Tracker.  As the first quarter of 2021 comes to a close, we have seen a number of changes to 11 trusts that will impact the amount of compensation available to individuals claiming asbestos-related injuries. 

Below is a summary of the changes, to date. It will be interesting to see how the PROTECT Asbestos Victims Act, reported on last month, may impact the bankruptcies if it progresses.

Bankrupt TrustChange
AC&SEffective
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Expert Challenges / New York / Summary Judgment
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Brake and Clutch Manufacturer’s Motion for Summary Judgment Denied

Supreme Court of New York, Nassau County, April 12, 2021

Plaintiff William Stodoloski worked as an auto mechanic from 1965 to 1969 and from 1971 to 1978.  The plaintiff testified that as a mechanic he performed all aspects of car repair including removing and replacing the defendant’s brakes and clutches. He filed an asbestos lawsuit on April 5, 2019 alleging his work as an auto mechanic caused him to suffer from lung cancer. The case was certified ready for trial on January 23, 2020 and …

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Federal Officer Removal / Louisiana
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Defendants Prevail on Removal to Federal Court Based on Federal Officer Removal Statute

U.S. District Court for the Eastern District of Louisiana, March 31, 2021

In October 2019, plaintiff Stephen Legendre, filed a lawsuit alleging that he contracted mesothelioma in September 2019. He alleged that his mesothelioma was caused by take-home exposure to asbestos from his father who worked at Avondale from 1943 to 1945.

The defendants removed this matter pursuant to the Federal Officer Removal Statute, 28 U.S.C. § 1442. Thereafter, the plaintiff filed a motion to remand asserting federal jurisdiction is not warranted.

28 U.S.C. § 1442(a)(1) makes removable …

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Summary Judgment
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Equipment Manufacturer’s Motion for Summary Judgment Denied

U.S. District Court for the Eastern District of Louisiana, March 31, 2021

In October 2019, Plaintiff Stephen Legendre, filed a lawsuit alleging that he contracted mesothelioma in September 2019. He alleged that his mesothelioma was caused by take-home exposure to asbestos from his father who worked at Avondale from 1943 to 1945.

Avondale removed the case to federal court, and thereafter filed a third-party claim against Mestek, Inc, as the successor corporation to L.J. Wing Manufacturing Company, which had allegedly supplied forced draft blowers and …

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Motion to Dismiss / Personal Jurisdiction
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Jurisdictional Discovery Allowed Over Successor Entity in Take-Home Exposure Case

U.S. District Court for the Eastern District of Louisiana, March 31, 2021

In October 2019, plaintiff Stephen Legendre, filed a lawsuit alleging that he contracted mesothelioma in September 2019. He alleged that his mesothelioma was caused by take-home exposure to asbestos from his father who worked at Avondale from 1943 to 1945.

Avondale removed the case to federal court, and thereafter filed a third-party claim against Mestek, Inc, as the successor corporation to L.J. Wing Manufacturing Company, which had allegedly supplied forced draft blowers and …

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Rhode Island / Summary Judgment
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Valve Manufacturer’s Motion for Summary Judgment Denied

Superior Court of Rhode Island, Providence, March 16, 2021

On June 17, 2011, The plaintiffs filed a complaint, alleging that the decedent, Walter Burdick, died as a result of exposure to asbestos or asbestos-containing products sold, manufactured, or distributed by the defendants, including NIBCO, Inc. during the decedent’s employment as a laborer, mechanic, maintenance man, boiler operator, pipefitter, machinist, and welder at various steam plants and construction sites throughout Pennsylvania and New Jersey beginning in the mid-1940s. 

During discovery, NIBCO deposed the decedent, who testified to having worked …

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Appeal / Summary Judgment
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Premises and Contractor Defendants’ Summary Judgment Affirmed

Court of Appeals of Iowa, March 17, 2021

The decedent, Charles Beverage, was employed as an independent contractor at an aluminum plant between the 1950s and the mid-1970s. After his passing in October 2015, the decedent’s estate filed a products liability suit against several the defendants alleging the decedent was exposed to asbestos during his employment, and as a result contracted mesothelioma. Two defendants, the aluminum plant’s owner, Alcoa, Inc. and an installer of insulation, Iowa-Illinois Taylor Insulation, Inc. (IITI) filed motions for summary judgment …

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Appeal / California
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Pipe Manufacturer Successfully Appeals $15 Million Punitive Damages Award

Court of Appeal of California, Second Appellate District, Division One, January 27, 2021

This matter was filed after the plaintiff, Norris Morgan, was diagnosed with mesothelioma in December 2017.  The complaint alleged that the plaintiff was exposed to asbestos at construction jobsites where he worked in the 1970s and 1980s, including as a construction superintendent from 1979 to 1985 for Spriggs and Company and Bumbarger and Associates in 1985. Among other construction activities, the plaintiff supervised plumbers installing asbestos-cement water and sewer pipe on his worksites.

The matter …

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New York / Summary Judgment
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Floor Tile Manufacturers’ Motions for Summary Judgment Denied

Supreme Court of New York, New York County, January 22, 2021

The decedent, Michael Layton, was diagnosed with lung cancer on July 16, 2017 and passed away on April 17, 2020. The plaintiff alleges the decedent’s lung cancer was caused by his prolonged and substantial exposure to asbestos over the course of his career during which he was involved in the removal and replacement of all types of flooring, including Biltrite’s “Amtico” and Mannington Mills brand floor tiles, at thousands of work sites. Defendants, American …

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