Jillian E. Madison, Author at Asbestos Case Tracker

September 24, 2020 Louisiana / Motions in Limine

Various Rulings on Defendants’ Motions in Limine in Naval Shipyard Case

U.S. District Court for the Eastern District of Louisiana, September 21-23, 2020

In Asbestos Case Tracker’s third installment of the analysis of pre-trial motions in the Dempster v. Lamorak Insurance Co. matter, the U.S. District Court for the Eastern District of Louisiana has issued nine decisions on additional motions in limine filed by the defendants. By way of background, the plaintiffs alleged the decedent, Callen L. Dempster, was exposed to asbestos while employed at the Avondale Shipyards from 1962 to 1994. The case was removed …

September 24, 2020 Delaware / Summary Judgment

Posted by: Jillian E. Madison

Pump Manufacturers’ Motions for Summary Judgment Denied in Navy Exposure Case

U.S. District Court for the District of Delaware, September 23, 2020

On July 26, 2018, John Pruitt (the plaintiff) sued multiple defendants asserting claims arising from his alleged exposure to asbestos. The plaintiff alleged he developed mesothelioma as a result of exposure to asbestos-containing materials during his service as a machinist mate in the United States Navy and as a parts purchaser at Schroer Implement Co. He was deposed in August 2018. In addition to the plaintiff’s testimony, a fact witness, Edmond Dumas, provided testimony …

September 17, 2020 Expert Challenges

Posted by: Jillian E. Madison

Brake and Premises Defendants’ Motions to Exclude Expert Testimony Denied

U.S. District Court for the District of Maine, September 16, 2020

The plaintiff, Victor Coffin, alleges he contracted mesothelioma from his work as an aviation electrician in the U.S. Navy from January 1968 to September 1971, as a machinist for Maine Central Railroad (MCRR) from 1971 to 1987 and as an employee of the State of Maine from 1987 to 1988. Defendants MCRR and Honeywell International Inc. have moved to exclude the expert testimony of the plaintiff’s experts Jerrold L. Abraham, M.D. and David Ozonoff, …

August 28, 2020 Appeal

Posted by: Jillian E. Madison

Plaintiff’s Misconduct of Withholding Exposure Information of Decedent Leads to Upholding of New Trial for Premise Owner

Court of Appeals of Oregon, August 26, 2020

The decedent, Robert Golik, died of mesothelioma allegedly as a result of his exposure to asbestos. The decedent passed away prior to the lawsuit being filed, and was therefore, never deposed regarding his work history or exposure to asbestos. At trial, The plaintiff, Alice Golik, presented evidence that the decedent was an employee of Armstrong Contracting and Supply Corporation (AC&S) and worked as an insulator helper at the defendant, Georgia Pacific Consumer Products, LLC’s (GPCP) paper mill …

July 30, 2020 Delaware / Summary Judgment

Posted by: Jillian E. Madison

Farm Equipment Dealer Wins Motion for Summary Judgment

U.S. District Court for the District of Delaware, July 29, 2020

Plaintiff John Pruitt filed this asbestos lawsuit alleging he contracted mesothelioma from occupational exposure to asbestos. The plaintiff served in the Navy from September 1959 to April 1962. Upon his discharge from the Navy, he worked at Schroer, a John Deere farm equipment dealership in Valdosta, Georgia, from 1963 to 1974. He initially worked as a runner, delivering and picking up parts such as brakes, clutches, and paint decals. In 1966, he started working …

July 30, 2020 Motion to Dismiss / New York

Posted by: Jillian E. Madison

Plaintiffs Agree to Defendant’s Dismissal After Motion to Dismiss Filed in Talc Case

U.S. District Court for the Western District of New York, July 29, 2020

On February 28, 2019, plaintiffs John Castro and Joyce Castro commenced this products liability action in state court against defendants, including CVS Pharmacy, alleging that Mr. Castro was diagnosed with mesothelioma as a result of his exposure to asbestos from his use of asbestos-contaminated talc products.

On March 1, 2019, this matter was removed to federal court on motion by the defendants. The plaintiffs filed a motion to remand. On June 2, 2020, the court accepted …

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

July 23, 2020 Expert Challenges

Posted by: Jillian E. Madison

Electrical Manufacturing Defendant’s Motion to Exclude Plaintiff’s Experts Denied After Daubert Hearing

U.S. District Court for the Middle District of Pennsylvania, July 21, 2020

Decedent Thomas Gorton, the husband of plaintiff Rhonda J. Gorton, developed mesothelioma, allegedly due to his occupational exposure to defendants’ asbestos-containing products. Prior to trial, defendant Eaton Corporation, as successor-in-interest to Cutler-Hammer filed a Motion to Exclude the Expert Testimony of the plaintiff’s experts Richard Kradin, M.D. and Howard M. Kipen, M.D., MPH. In July 2020, the court held a two-day Daubert hearing. Under Daubert, “the district court acts as a gatekeeper, …

July 9, 2020 New York

Posted by: Jillian E. Madison

Talc Manufacturer’s Motion to Dismiss on Forum Non Conveniens Denied

Supreme Court of New York, New York County, July 1, 2020

Glynnis Gale DeKlerk (the decedent) was born in South Africa in 1951 and lived there until 2017, when she and her husband moved to the United Kingdom. She was diagnosed with malignant mesothelioma in February of 2018 and died on January 20, 2019. The plaintiff commenced this action in New York on July 27, 2018 seeking to recover for injuries sustained by the decedent resulting from her alleged exposure to asbestos from talc and …

July 9, 2020 New York / Summary Judgment

Posted by: Jillian E. Madison

Floor Tile Manufacturer Granted Summary Judgment on Both General and Specific Causation

Supreme Court of New York, New York County, June 25, 2020

The plaintiff, Carletto Lamenta (the decedent), was diagnosed with lung cancer in October of 2017 and subsequently filed this lawsuit alleging his injuries were a result of his occupational exposure to asbestos. The decedent’s deposition took place over the course of seven days, during which he testified that he was exposed to asbestos in a variety of ways, including from his work with ABI’s Amtico vinyl asbestos floor tiles from the 1970s through the mid-1980s.

ABI filed a …

July 2, 2020 Minnesota / Statute of Limitations / Summary Judgment

Posted by: Jillian E. Madison

Summary Judgment Upheld for Brake Manufacturer Based on Statute of Limitations

Supreme Court of Minnesota, July 1, 2020

In 2009, Gary Palmer’s (the decedent) pulmonologist informed him that he had calcium deposits on his lungs due to asbestos exposure. On December 24, 2011, the decedent was diagnosed with mesothelioma and in January 2012, he learned that asbestos exposure had caused his mesothelioma. The decedent passed away on March 1, 2015.

On February 23, 2018, Appellant, Deborah Palmer, filed this action against Honeywell International (the manufacturer of Bendix brakes) (Bendix) under Minn. Stat. § 573.02, subd. 3 (2018).

The appellant alleged the decedent …