Jillian E. Madison, Author at Asbestos Case Tracker

January 14, 2021 Federal Officer Removal / Louisiana

Case Remanded to State Court as Defendants Failed to Show Improper Joinder

U.S. District Court for the Eastern District of Louisiana, January 13, 2021

Plaintiff Brent Deaville filed the within action in state court against numerous defendants in January 2020. The plaintiff alleged he contracted mesothelioma as a result of his exposure to asbestos while working as an insulator, plumber/pipefitter and mechanic at several facilities in Louisiana from the 1960s through 1990. On November 12, 2020, defendants Exxon Mobil Corp., Ferguson Enterprises, Inc. and J-M Manufacturing Co., Inc. removed this matter to federal court alleging diversity jurisdiction.…

January 7, 2021 New York / Summary Judgment

Posted by: Jillian E. Madison

NYCAL Judge Grants Car Manufacturer Motion for Summary Judgment Based on Supporting Affidavit

Supreme Court of the State of New York, New York County, January 6, 2021

The within matter was filed on behalf of the decedent, Patrick O’Sullivan, based on his alleged exposure to asbestos over the course of his career as a mechanic at various service stations throughout the 1970s. In 2012, the decedent died as a result of lung cancer allegedly caused by his exposure to asbestos. At his deposition, the decedent testified that he worked on Nissan branded vehicles in the 1970s, but he …

December 17, 2020 Summary Judgment

Posted by: Jillian E. Madison

Defendant Contractor Denied Summary Judgment for Plaintiff’s Work Performed at World Trade Center

Supreme Court of New York, New York County, November 30, 2020

The plaintiff, Walter Cannon, filed a complaint against defendant Tishman Realty & Construction Co., Inc., among others, alleging that his lung cancer was caused by his exposure to asbestos when he worked as an electrician installing lighting fixtures at the World Trade Center (WTC) in the 1970s. The plaintiff was employed by Forest Electric at the WTC on weekends for approximately two-and-a-half to three months, shortly before the WTC opened. While working at the …

December 10, 2020 Appeal / Damages

Posted by: Jillian E. Madison

Damages Award Against Defendant Pipe Supplier Affirmed On Appeal

Court of Appeal of California, First Appellate District, Division Five, December 9, 2020

From September 1976 to March 1977, Frank Hart (the decedent) worked in California cutting asbestos-cement pipe for new sewer lines. He was later diagnosed with mesothelioma, allegedly as a result of his exposure to asbestos through that work. On November 8, 2016, the decedent and his wife, Cynthia (the plaintiff), filed a complaint for personal injury and loss of consortium against numerous entities, including defendant Keenan Properties, Inc. The decedent passed away on …

November 17, 2020 Kentucky / Summary Judgment

Posted by: Jillian E. Madison

Third-Party Defendant Not Responsible for Indemnifying Brake Supplier Prior to Existence

U.S. District Court for the Western District of Kentucky, Owensboro Division, November 12, 2020

Plaintiff Jack Papineau was employed by Smith Coal from 1984 to 1992. In his complaint against multiple defendants, including Brake Supply, he alleged that he contracted mesothelioma from exposure to asbestos-containing friction products during his employment at Smith Coal. The plaintiff alleged that Brake Supply purchased friction products from suppliers and resold the products by either using the products to reline brakes or reselling parts.

Brake Supply filed a Third-Party Complaint and …

November 2, 2020 Asbestos Litigation Analysis

Posted by: Jillian E. Madison

New Appointed NYCAL Coordinating Judge Adam Silvera Ready to “Roll Up His Sleeves” and Get to Work

As the Asbestos Case Tracker previously reported here, former NYCAL Coordinating Judge Manuel Mendez was appointed to the Appellate Division of the Supreme Court, First Department, in July 2020. With Judge Mendez assuming his new role in the First Department, Judge Adam Silvera was announced as the new NYCAL coordinating judge.

Silvera obtained his undergraduate degree in 1994 from the City University of New York and received his juris doctor from Brooklyn Law School in 2001. Prior to becoming a judge, he worked for …

October 29, 2020 Appeal / California / Summary Judgment

Posted by: Jillian E. Madison

American Oil Company Defendants Had No Control Over Iranian Oil Company, Summary Judgment Upheld on Appeal

Court of Appeal of California, Second Appellate District, Division Seven, October 28, 2020

Houshang Sabetian and his wife, Soraya, (the plaintiffs) filed this action on March 28, 2018 alleging causes of action for negligence, strict liability, premises liability, negligent joint venture, alter ego, and loss of consortium. The complaint alleged Houshang contracted mesothelioma caused by exposure to asbestos while he was an Iranian citizen working for the National Iranian Oil Company (NIOC) from about 1960 to 1979. The complaint further alleged the Chevron and Exxon defendants …

October 29, 2020 Rhode Island / Summary Judgment

Posted by: Jillian E. Madison

Boiler Manufacturer Granted Summary Judgment Based on Lack of Product Nexus

Superior Court of Rhode Island, Providence, October 27, 2020

The decedent, Gerard Wallace, and his wife, Ruth (the plaintiff) filed a complaint on November 16, 2016 after the decedent was diagnosed with mesothelioma in September 2016. The plaintiff alleged that the decedent worked as a plumbing-heating installer-repairer from 1949 to 1985. Specifically, the plaintiff argued while the decedent worked in Maine, Crane Co. (the defendant) boilers exposed him to asbestos. Due to the exposures occurring in Maine, the parties agreed that Maine substantive law should …

October 15, 2020 Louisiana / Summary Judgment

Posted by: Jillian E. Madison

Federal Workers’ Compensation Statute Preempts Plaintiff’s Negligence Claims; Shipyard Defendants Win Summary Judgment

U.S. District Court for the Eastern District of Louisiana, October 14, 2020

This case arises out of plaintiff William Hulin, Sr.’s exposure to asbestos when he worked as a ship fitter, laborer, and tacker for Avondale from January 1954 to May 1973. In July 2019, the plaintiff was diagnosed with lung cancer. He sued a number of defendants, including the Avondale Interests, in state court on November 12, 2019. The case was removed to district court on March 17, 2020. The plaintiff alleged only negligence …

October 1, 2020 Delaware / Summary Judgment

Posted by: Jillian E. Madison

Manufacturer and Distributer of Raw Asbestos Wins Summary Judgment under Sophisticated User Defense

Superior Court of Delaware, New Castle, September 28, 2020

Plaintiffs Deforest Gibbs and Sherryl L. Gibb asserted claims against multiple defendants, including Union Carbide Corporation (UCC), alleging Mr. Gibbs suffers from mesothelioma as a result of occupational asbestos exposure. Mr. Gibbs worked as a laborer, plumber, and shade tree mechanic for 50 years in South Carolina. He allegedly suffered exposure to asbestos by working with HVAC equipment, hot water heaters, electrical products, valves, drywall, sheetrock, joint compound, caulk, roofing materials, and flooring products.

From 1963 to 1985, UCC manufactured …