Author: Jessica Saad

Appeal / Summary Judgment / Washington
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Various Defendants Summary Judgment Motions Upheld on Appeal Due to Statute of Repose

Court of Appeals of Washington

Cindy Maxwell, the personal representative of the Estate of Edmond Brown, and Marilou Brown (collectively the Browns) appeal the trial court’s order granting summary judgment in favor of Parsons Government Services, Inc. (Parsons) and Brand Insulations, Inc. (Brand). This action arises from Edmond’s alleged exposure to asbestos between 1971 and 1972 during the construction of Atlantic Richfield Corporation’s (ARCO) petroleum refinery at Cherry Point in Ferndale. Parsons was the general contractor who constructed the Cherry Point refinery and Brand was …

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Mesothelioma
Remand/Removal / State
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Case Remanded to State Court as Brake Manufacturer Failed to Obtain Consent From all Remaining Defendants

U.S. District Court for the Northern District of Illinois, Eastern Division

Eugene Longobardi sued numerous asbestos manufactures in Illinois state court after he developed mesothelioma, alleging that his disease was caused by his exposure to asbestos while serving in the U.S. Army from 1974 to 1981. Shortly thereafter, Longobardi died and Pamela Langobardi was named plaintiff and administrator of his estate. Pamela amended the complaint to add Honeywell International (Honeywell) as a defendant. Honeywell removed the suit to federal court premising jurisdiction on the diversity …

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Expert Challenges / Indiana
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Control Manufacturer’s Motion to Exclude Plaintiffs’ Psychiatrist Denied After Daubert Hearing

U.S. District Court for the Northern District of Indiana, South Bend Division

In the present action, defendant Johnson Controls, filed a motion to exclude a psychiatrist’s opinions about three plaintiffs’ mental health. By way of background, the plaintiffs retained Dr. Zachary Torry to evaluate whether those three plaintiffs suffered a psychiatric injury as a result of being exposed to asbestos and chlorinated chemicals and, if so, whether a reasonable person under similar circumstances would experience a psychiatric injury. To form his opinions, Dr. Torry met …

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Hand on bible, swearing in
Discovery / Trial / Washington
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Motion to Exclude Testimony of Witnesses Denied; No Duty to Remind of Witnesses Existence

U.S. District Court for the Western District of Washington

Defendant Auburn Technology Inc. filed a motion to exclude testimony of three witnesses who were shipmates of the plaintiff’s decedent. Several other defendants joined in on the motion. The defendants argued that the witnesses were not properly disclosed until the very end of discovery and should therefore be excluded under Fed. R. Civ. P. 37. 

By way of background, in the summer of 2019, the plaintiffs made their initial disclosures, identifying the muster rolls for the …

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Appeal / Georgia / Summary Judgment
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Plaintiff’s Motion for Partial Summary Judgment Re-Affirmed as to Defendants’ Affirmative Defenses

Court of Appeals of Georgia, Fourth Division

Defendants Pneumo Abex, LLC and Genuine Parts Company appeal the trial court’s partial grant of summary judgment to Sheila Long, individually and as personal representative of her late husband’s estate. Long alleged that her husband Ron died from lung cancer as a result of exposure to asbestos contained in certain products. Long sought summary judgment on affirmative defenses that she anticipated the appellants might pursue. Now, the appellants argue that the trial court erred in granting summary judgment to …

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Arkansas / Personal Jurisdiction
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Motion to Dismiss for Lack of Personal Jurisdiction Granted for Talc Manufacturer

U.S. District Court for the Eastern District of Arkansas, Central Division, September 11, 2020

Defendant Cyprus Mines filed a motion to dismiss for lack of personal jurisdiction, arguing the court does not have jurisdiction over Cyprus even though it provided talc to Johnson & Johnson, which incorporated the talc into consumer products and then sold those consumer products in Arkansas. Cyprus argues that undertook no suit-related activities in or directed toward Arkansas, and there is therefore no basis for specific jurisdiction over it. The plaintiff …

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Maritime/Admiralty Law / Summary Judgment
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Various Defendants’ Motion for Summary Judgment Denied on Duty to Warn in Naval Action

U.S. District Court for the District of New Jersey, August 31, 2020

The plaintiff, Linda Hammell, alleges that her husband decedent Arthur Hammell contracted mesothelioma and died from exposure to asbestos. By way of background, the decedent enlisted in the Naval Reserve in 1960, and served on active duty in the U.S. Navy from April 1962 through September 1964.

During the decedent’s time on active duty, he was assigned to the U.S.S. Charles H. Roan (Roan) where he maintained boilers, forced draft blowers, valves, pumps, …

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Close up of Male lawyer or judge hand's striking the gavel on sounding block, working with Law books, report the case on table in modern office, Law and justice concept
Arkansas / Motion to Dismiss / Personal Jurisdiction
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Gasket Manufacturer’s Motion to Dismiss on Personal Jurisdiction Denied Due to Conclusory Arguments

U.S. District Court for the Eastern District of Arkansas, Central Division, August 25, 2020

Defendant Federal-Mogul Asbestos Personal Injury Trust, as successor to both the Felt-Products Manufacturing Company and the Vellumoid Division of Federal-Mogul Corporation, filed separate motions to dismiss on behalf of each. The court notes that both motions failed to comply with Local Rule 7.2 as they were not accompanied by a brief. Furthermore, the arguments in the rough two-page motions were completely undeveloped and conclusory, which the court noted was enough to …

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Asbestos Litigation Analysis
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NYCAL Judge Manuel Mendez Appointed to Appellate Division, Question Remains: Who is the Next NYCAL Coordinating Judge?

On July 13, 2020, Governor Andrew M. Cuomo announced four appointments to fill vacancies in the Appellate Division of the Supreme Court, in the First Department of New York State. Two of those appointees are no strangers to New York Asbestos Litigation (NYCAL), Judge Martin Shulman and Judge Manuel Mendez. NYCAL has one of the most active asbestos dockets in the United States. In fact, NYCAL had approximately 314 filings in 2019.

Justice Shulman, a well-known judge in NYCAL was first elected to the Manhattan …

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Federal Officer Jurisdiction / Louisiana / Remand/Removal
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Shipyard’s Removal to Federal Court Granted Based on New Case Law

In a case previously covered by Asbestos Case Tracker, the court granted plaintiff’s motion to remand after Avondale removed this case to federal court. In this instant matter, defendant Avondale  again removed this case relying on the Fifth Circuit’s opinion in Latiolais v. Huntington Ingalls, Inc., a case in which it overturned the court’s prior “causal nexus” jurisprudence and adopted a broader “relating to” test. The plaintiff again moves for remand arguing (1) that the defendant’s removal was untimely and (2) that the …

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