Author: Jessica Saad

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Gaps in Plaintiffs’ Proof Not Enough to Grant Summary Judgment to Valve Manufacturer

Supreme Court of New York, New York County, March 31, 2021

Defendant The William Powell Company filed this instant motion for summary judgment pursuant to CPLR 3212 to dismiss plaintiff’s complaint and all cross-claims, based on the plaintiffs’ alleged failure to make a prima facie showing that plaintiff Nicholas J Esposito, Jr. (the decedent) was actually exposed to fibers released from a product sold, supplied and/or distributed by Powell. The decedent was diagnosed with Stage IV lung cancer in May 2019 which led to his …

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California / Maritime/Admiralty Law / Punitive Damages / Summary Judgment
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Partial Summary Judgment Denied to Shipbuilding Company and Auto Parts Retailer

U.S. District Court for the Northern District of California, March 30, 2021

Before the court are motions for summary judgment filed by defendant National Steel and Shipbuilding Company (NASSCO) and Pep Boys-Manny, Moe & Jack of California.

Defendant NASSCO moves for summary judgment on the theory that, as a government contractor, it enjoys derivative immunity from asbestos- related liability. In the alternative, should material facts regarding its overhaul of the USS Bristol County remain in dispute, NASSCO moves for partial summary judgment as to the plaintiffs’ premises …

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New York / Personal Jurisdiction
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Motion to Dismiss for Lack of Personal Jurisdiction Granted for Boiler Manufacturer

Supreme Court of New York, New York County, March 25, 2021

Defendant Cleaver-Brooks, Inc. filed this instant motion to dismiss the plaintiff’s complaint pursuant to CPLR 3211 (a)(8) on the grounds that the court lacked personal jurisdiction over them. This lawsuit stems from plaintiff Darrell Nelson’s diagnosis of malignant pleural mesothelioma, which plaintiffs allege resulted from Mr. Nelson’s exposure to asbestos from his work as a maintenance worker and boiler operator for the Red Wing School District in Red Wing, Minnesota from 1977 to 1997. The …

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Expert Challenges / North Carolina / Summary Judgment
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Summary Judgment and Motion in Limine Awarded to Pipe Insulation Company Due to Speculation

U.S. District Court for the Middle District of North Carolina, March 23, 2021

Plaintiff Kenneth McDaniel was employed by Duke Power as an operator at its Belews Creek power plant in North Carolina from 1974 to 2005. Deborah McDaniel was married to Mr. McDaniel. Mrs. McDaniel was diagnosed with lung cancer, which the plaintiffs argue was a result of exposure to asbestos through her husband’s contaminated work clothing.

Mr. McDaniel recalled that Duke Power’s employees typically removed the insulation, while Covil employees typically installed new …

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Oregon / Remand/Removal
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Plaintiff’s Motion to Remand Denied Due to Complete Diversity

U.S. District Court for the District of Oregon, Medford Division, March 23, 2021

The plaintiff’s third amended complaint alleged that the decedent Bill Jack Sheldon was exposed to airbone asbestos fibers, both by directly working with asbestos and asbestos-containing materials and by working in the vicinity of other workers handling asbestos products between 1972 and 1994 while he was employed in a plywood/veneer mill in Medford, Oregon. At the time of his death, the decedent was a resident of the U.S. Virgin Islands. Mr. Sheldon …

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Federal Officer Removal / Maritime/Admiralty Law / Remand/Removal
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Plaintiff’s Motion to Remand Denied Based on Federal Officer Removal

U.S. District Court for the Eastern District of Louisiana, March 16, 2021

The plaintiff filed suit against Avondale and Lamorak Insurance Co. (defendants) in state court on February 12, 2020. The defendants removed the case under the federal officer removal statute alleging that the lawsuit pertains to action by Avondale’s taken pursuant to the direction of a federal officer. By way of background, this case rises out of Harvel A. Landreaux’s (the plaintiff) alleged exposure to asbestos while working as an employee of defendant Avondale …

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Mesothelioma
New York / Summary Judgment
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Summary Judgment Granted to Ceramic Manufacturer Based on Asset Purchase Agreement

Supreme Court of New York, New York County, March 10, 2021

Defendant Gare Incorporated filed this instant motion for summary judgment pursuant to CPLR 3212. The plaintiffs allege that Lorraine Berger’s (the decedent) June 22, 2018 diagnosis of mesothelioma was causally connected to her asbestos exposure from Gare asbestos-containing products. Gare’s motion contends that Gare has no liability for claims or litigation based on events occurring before July 21, 1983.

Here, Gare avers that it cannot be held liable for the decedent’s exposure to Gare products …

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Expert Challenges / Summary Judgment
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Talc Manufacturer’s Motion for Summary Judgment Denied Due to Conflicting Expert Reports

Supreme Court of New York, New York County, March 11, 2021

Defendant Vanderbilt Minerals LLC filed this instant motion for summary judgment, pursuant to CPLR 3212, dismissing all claims and causes of action, including any and all cross claims, against Vanderbilt or in the alternative granting partial summary judgment in favor of Vanderbilt as to any and all claims and causes of action, including cross-claims, relating to products manufactured by defendant American Art Clay Company, Inc. (AMACO). The plaintiff opposes the motion.

The case at issue …

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Maritime/Admiralty Law / Summary Judgment
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Pump Manufacturer Granted Summary Judgment on Causation Grounds

U.S. District Court for the Western District of Washington, March 1, 2021

Defendant Aurora Pump Company filed this instant motion for summary judgment and motion to strike. By way of background, plaintiff Ronald H. Berhmann worked on ships while serving in the U.S. Navy and while working in the Todd and Lockheed Shipyards in Seattle, Washington. Aurora manufactured pumps and asbestos-containing gaskets and packing for those pumps for use on ships. The plaintiff was an electrician, therefore, he did not work directly on pumps. Rather, …

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Louisiana / Remand/Removal
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Removal Deemed Timely in Navy Shipyard Case

U.S. District Court for the Eastern District of Louisiana, March 2, 2021

Plaintiff Linda Crossland filed a motion to remand and defendants Avondale and Hopeman Brothers Inc. oppose the plaintiff’s motion. The plaintiff’s alleged exposure to asbestos was from asbestos fibers floating from Avondale Shipyards into her neighborhood, take home asbestos exposure from her father and husband’s work at Avondale, and from her own work at Avondale’s Main yard from 1966 through the 1970s. The plaintiff was deposed on December 11, 2020 and Avondale removed …

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