Author: Jessica Saad

Take-Home Exposure / Texas
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Summary Judgment Affirmed for Union Carbide Due to Lack of Causation

Court of Appeals of Texas, Fourteenth District, Houston, March 2, 2021

In this instant take-home exposure matter, the trial court granted defendant Union Carbide’s motion for summary judgment and the plaintiff now appeals the trial court’s order. The appellate court affirms the lower court’s decision. In response to Union Carbide’s motion, appellants offered several pieces of evidence including the decedent’s medical records, the deposition of all three of the decedent’s children (Ronda, Michelle, and Royce), Royce’s affidavit, and an expert affidavit from Dr. Richard Cohen.…

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judge with gavel
Remand/Removal
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Plaintiff’s Remand Granted for a Second Time Due to Lack of Diversity

U.S. District Court for the Eastern District of Louisiana

The plaintiffs brought the instant action alleging that decedent John Brindell was exposed to asbestos-containing products during his employment for Puerto Rico Marine Management (PRMM) as a mechanic at the Port of New Orleans. The plaintiffs argue that the exposure to asbestos caused the decedent to contract mesothelioma. Before the court is the plaintiffs’ emergency motion to remand. Defendants Eaton Corporation, Pneumo Abex, LLC, Utility Trailer Manufacturing Company, Strick Trailers, LLC, CRA Trailers, Inc., and Great …

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North Carolina / Summary Judgment
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Summary Judgment Granted to Three Manufacturers on Causation Grounds

U.S. District Court for the Middle District of North Carolina

Defendants Fisher Controls International LLC, Covil Corporation, and ViacomCBS Inc., successor-in-interest to Westinghouse Electric Corporation each have filed a motion for summary judgment. Additionally, the plaintiffs have filed for summary judgment against Daniel International Corporation.

By way of background, the plaintiffs allege that Mr. Kerry Vinson’s diagnosis of mesothelioma was because he was exposed to asbestos-containing materials, product and equipment through his 37-year career at Fiber Industries in Salisbury, North Carolina, and that this exposure …

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Worn work gloves lying on concrete floor
New York / Summary Judgment
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Partial Summary Judgment Granted to Glove Manufacturer Based on Acquisition Agreement

Supreme Court of New York, New York County

Defendant CSC Scientific Company, Inc. filed the present motion for summary judgment arguing that the plaintiffs have failed to identify a CSC product as a source of decedent’s asbestos exposure over a period from 1976 to 1979 or at any other time. By way of background, this matter arises from decedent Michael Love’s diagnosis of mesothelioma on July 31, 2018, which led to his death on November 9, 2019.

CSC argued that the absence of evidence of …

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Asbestos Litigation Analysis
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New York City to Remain a “Judicial Hellhole” in 2021? Only Time Will Tell

While 2020 delayed many aspects of litigation due to the COVID-19 pandemic, some jurisdictions such as New York City still managed to hold its title as one of the nation’s top judicial hellholes. As previously reported by the Asbestos Case Tracker, as of November 13, 2020, New York terminated the scheduling of any new jury trials.

However, according to American Tort Reform Foundation 2020-21 Judicial Hellholes, New York City still managed to see a dramatic increase in nuclear verdicts. These multimillion-dollar awards were …

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New York / Summary Judgment
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Summary Judgment Denied for Arc Chute Manufacturer due to Plaintiff’s Continuance of Discovery

U.S. District Court for the Western District of Washington January 26, 2021

Plaintiff Ronald H. Behrmann alleges he was exposed to asbestos while serving in the U.S. Navy and later working in the Todd and Lockheed Shipyards in Seattle, Washington. The plaintiff now has mesothelioma and brings this action against various companies, including Meriden, arguing that asbestos in their products caused it.

Defendant Meriden manufacturers are Arc chutes, which are component parts used within other equipment, so the plaintiff does not allege that Meriden sold …

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Mesothelioma
Louisiana / Trial
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Jury Verdict Found Consistent as Exposure May Not Be Substantial Contributing Factor of Disease

Supreme Court of Louisiana, January 12, 2021

The plaintiffs sued various defendants alleging that the decedent (Bagwell) developed mesothelioma caused by asbestos exposure which resulted in his death. At trial, the jury rendered a verdict in favor of the plaintiffs against the decedent’s employer, RMC, finding it 75 percent at fault. CAPCO, a non-party defendant, was found 25 percent at fault. The jury assigned no fault to Union Carbide Corporation (UCC) and Montello, Inc., the manufacturer and the distributor of asbestos-containing products. The trial court …

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New York / Personal Jurisdiction
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Unopposed Motion to Dismiss Based on Lack of Personal Jurisdiction Granted for Automotive Suppliers

Supreme Court of New York, New York County, January 8, 2021

In this instant matter, defendants Genuine Parts Company and National Automotive Parts Association, LLC’s (defendants) move to dismiss this action against them pursuant to CPLR §3211(a)(8) on the grounds that the court lacked personal jurisdiction over them. The defendants argued that they were not subject to the jurisdiction of the New York court as they were not residents of New York State. In support of their motions, the defendants submitted affidavits from their representatives, …

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State / Trial
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New Trial Denied Against Boiler Manufacturer; Jury Verdict Not Against Weight of the Evidence

Superior Court of Delaware, December 22, 2020

On December 20, 2019, following a 10-day jury trial, a jury returned a verdict in favor of Cleaver Brooks, Inc. (Cleaver Brooks), the sole defendant at trial. The jury found that this defendant nor any of the other non-party entities listed on the verdict sheet failed to meet the standard of care of providing a safe work place or defective product to the decedent, Gary Stimson.


During trial, each side presented expert testimony on the issue of whether …

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Louisiana / Remand/Removal
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Plaintiff’s Motion to Remand Denied as Removal Deemed Proper Under Federal Officer Statute

U.S. District Court for the Eastern District of Louisiana

In the instant action, plaintiff Martha T. Roussell alleges she contracted mesothelioma through take-home asbestos exposure from the work of her father, Asward P. Theriot, who worked at Avondale Shipyard in 1957 and 1958. The plaintiff brought this action in state court against multiple defendants including Huntington Ingalls Incorporated and Lamorak Insurance Company (The Avondale Interests).

During the course of discovery it was revealed that Asward Theriot’s job application showed that his brother (Roussell’s uncle), Tracy …

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