This opinion addressed potential causation testimony offered by the plaintiffs in two cases. In one case, the plaintiff’s decedent died of mesothelioma prior to being deposed. The decedent’s nephew and co-worker testified during deposition that his uncle was exposed to asbestos while working as a sheet metal worker at shipyards, and while installing furnaces, from the 1960s-70s. His testimony included exposure to insulation, packing, gaskets, and pipe covering used in connection with Crane valves. In the second case, the decedent, a career Navy man, died …
Continue ReadingAuthor: Lynn A. Lehnert
Highest New York Court Refuses to Pierce Corporate Veil, Citing Lack of Evidence Establishing Ford USA’s Part in the Chain of Distribution of Ford UK Products
The plaintiff alleged exposure to asbestos-containing brakes, clutches and engine parts while working on Ford tractors and passenger cars in Ireland. The plaintiff and his wife brought suit after he developed peritoneal mesothelioma. Ford USA moved for summary judgment, arguing the parts to which the plaintiff alleged exposure were manufactured, distributed and sold by its wholly-owned subsidiary, Ford UK. Ford USA further argued the complaint was devoid of allegations supporting the claim that the court should pierce the corporate veil. While there was no basis …
Continue ReadingDefendant’s Failure to Warn Boilermaker Employees in the Shipyard Itself Prohibited Federal Contractor Defense
The decedent in this case died of mesothelioma and his representatives filed an action in state court. Defendant Foster Wheeler removed this case to federal court under the officer removal statute. The plaintiff moved to remand, which the court granted.
The plaintiffs alleged exposure during the decedent’s work at Bethlehem Steel Sparrows Point Shipyard, while working as a boiler maker from 1948-1970s. Foster Wheeler removed on the basis that it was acting under an officer or agency of the United States, because it made boilers …
Continue ReadingProduct Identification of Pump or Internal Components Key to Inquiry Regarding Which Product Applied to Strict Product Liability Claims Under Oregon Law
The plaintiff alleged strict product liability, negligence, and loss of consortium against various defendants after her husband developed and died from mesothelioma. Defendant Warren Pumps was granted summary judgment, and plaintiff appealed. The court reversed and remanded.
During his 20-year naval career, the decedent served on two aircraft carriers — the USS Boxer and the USS Hancock — working on and around various pumps. Warren sold 51 pumps that were installed on the USS Boxer and 51 pumps that were installed on the USS Hancock …
Continue ReadingPunitive Damages Not Allowed Against Bendix; Memos Showed a Corporation Struggling With Evolving Science on Asbestos and Mesothelioma
The plaintiff alleged that her husband was exposed to asbestos from brakes, and as a result died from mesothelioma. She sued Honeywell International, as successor-in-interest to Bendix, alleging negligence, breach of implied warranty, fraud, failure to warn, and wrongful death, and asked for actual and punitive damages. Bendix moved for summary judgment on the breach of implied warranty, fraud, and failure to warn claims, and punitive damages claims. The court denied summary judgment as to the breach of implied warranty and products liability claims, but …
Continue ReadingVarious Bits of Evidence Insufficient to Reverse Grant of Summary Judgment to Four Defendants
After the decedent was diagnosed with mesothelioma, he and his wife filed suit against 31 companies alleging asbestos exposure. The case was removed to federal court and transferred to the Eastern District of Pennsylvania MDL. Four defendants — Crane Company, CBS Corporation (Westinghouse), Goulds Pumps, and Air & Liquid Systems Corporation (Buffalo) — were granted summary judgment by the Eastern District of Pennsylvania MDL, and the plaintiff appealed. The Fourth Circuit affirmed.
The decedent was a marine machinist at the Charleston Naval Shipyard from 1972-95, …
Continue ReadingRegardless of Whether New York or Maritime Law Applied, Government Contractor and Bare Metal Defenses Insufficient to Grant Summary Judgment to Foster Wheeler
The plaintiff alleged the decedent was exposed to asbestos while serving in the Navy from 1947-52, and while on board the USS Charles H. Roan. Defendants Foster Wheeler and General Electric removed to federal court pursuant to the federal officer statute. Foster Wheeler moved for summary judgment based on: (1) the government contractor defense; (2) bare metal defense; and (3) its products were not a substantial factor in causing injury. Crane Co. also moved for summary judgment; Crane, CBS Corp., and Foster Wheeler also …
Continue ReadingPlaintiffs’ Evidence in Response to Two Defendants’ Summary Judgment Motions Insufficient to Infer Exposure to Lifetime Boilermaker
The plaintiffs filed a wrongful death and survival action in state court; shortly thereafter defendants removed to federal court. The plaintiffs asserted negligence and strict liability claims from the death of their father/husband from malignant mesothelioma; the decedent was a career boilermaker. Defendants Lamons Gasket Company and Parker-Hannifin Corporation moved for summary judgment; both were granted.
The plaintiffs alleged asbestos exposure during the decedent’s work on boilers and other equipment installed on naval, industrial, and commercial vessels. Lamons and Parker argued lack of exposure. In …
Continue ReadingEven Applying Relaxed Product Identification Standards of New York Law, Plaintiff Fails to Establish Exposure to Five of Six Defendants Moving for Summary Judgment
The decedent, a lifetime electrician, passed away in 2014 of lung cancer. Prior to passing, he filed a lawsuit for asbestos exposure against numerous manufacturers. Six defendants filed motions for summary judgment arguing lack of exposure — Rockwell Automation (Allen-Bradley); BW/IP International (Byron Jackson); Air & Liquid Systems (Buffalo); Gardner Denver; Schneider Electric (Square D); and Warren Pumps. The court granted all motions, except that of Allen-Bradley.
The decedent claimed exposure to Warren pumps while serving as a civilian employee on board the U.S.S. Constellation. …
Continue ReadingAlthough Plaintiff’s Claims Within 1986 Manville Settlement Order, Case Remanded to Bankruptcy Court to Determine If Plaintiff Received Due Process
The plaintiff, Salvador J. Parra, Jr., developed asbestosis after working as an insulator and sued Marsh USA, Inc., an insurance broker, and others. Marsh filed a motion in the bankruptcy cases of Johns-Manville, arguing it was relieved of liability for the plaintiff’s claims. The bankruptcy court granted the motion, and the plaintiff appealed. The district court affirmed in part, reversed in part, and remanded the case to the bankruptcy court for further proceedings.
Marsh was Manville’s primary insurance broker from 1944-1982. Manville had sued Marsh, …
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