Author: Susan R. Allen-Robbins

judge's gavel and books
Federal Rules of Civil Procedure / New York
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Defendants’ Motions to Preclude Expert Reports Denied

Court: United States District Court for the Southern District of New York

Plaintiff Brian Joseph Gref alleged that his use of talcum-powder products caused his diagnosis of peritoneal mesothelioma. 

During the course of discovery, the court ordered that plaintiff’s medical reports were to be served on defendants by December 15, 2021. Plaintiff served Dr. Jacqueline Moline’s expert report, dated October 28, 2021, by the court-ordered deadline. Defendants then deposed Dr. Moline on July 6, 2022, and September 23, 2022.

On the first day of her deposition, Dr. …

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The law concept background.
Emerging Issues
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EPA Announce Final Rule to Prohibit Use of Asbestos in United States

The Environmental Protection Agency announced on March 18 a final rule to prohibit the use of chrysotile asbestos in the United States. Although numerous types of asbestos exist, chrysotile is unique in that it is the only form imported into the country. Industries such as the chlori-alkali industry continue to utilize asbestos products, with imports of raw chrysotile as recent as 2022.  EPA’s ban is set to be the first rule finalized under the 2016 amendments to the Toxic Substances Control Act (TSCA). Passed in …

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Expert Opinion / Motions in Limine
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Federal Court Denies Plaintiff’s and Defendants’ Motions in Limine on Eve of Trial

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

Decedent Terry J. LeGendre worked for defendant Huntington Ingalls, Inc. (Avondale) from October 1967 to January 1968. He was later diagnosed with and died from mesothelioma. Prior to the May 2024 trial, defendants General Electric Company, Paramount Global, Eagle Inc., Foster Wheeler LLC, Uniroyal, Inc., and Taylor-Seidenbach Inc. moved to limit or exclude the plaintiff’s experts. Likewise, the plaintiff moved to exclude the expert opinion presented by defendants Avondale and Bayer CropScience, Inc.

The defendants’ motion …

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Appeal / Summary Judgment / Texas
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Appellate Court Reverses Premise Defendant’s Summary Judgment Ruling

Court:  Court of Appeals of Texas, Fourteenth District, Houston

Carolyn and Frank Burford were married from November 1962 until Carolyn’s death in 2015. While married, Frank Buford worked for Alcoa at its aluminum smelter in Rockdale, Texas. As a potlining helper, Mr. Burford regularly worked with and around asbestos-containing materials.  Mrs. Burford (Carolyn, or decedent) washed his work clothing every day for a period of 25 years. In 2006, she sought medical care after developing shortness of breath. Her pulmonologist diagnosed her with asbestosis and she later died …

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Florida / Summary Judgment
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District Court Denies Aviation Defendant’s Motion for Summary Judgment

Jurisdiction:  United States District Court for the Southern District of Florida

Decedent John McCabe died from malignant epithelioid mesothelioma in January 2023, following a career as an aircraft mechanic. His estate initiated this action, alleging strict products liability and negligence against dozens of defendants, including Curtiss-Wright. Curtis-Wright moved for summary judgment, arguing that plaintiff failed to submit any evidence to support the claim the decedent was exposed to asbestos from working on or around its products.

Summary judgment is appropriate when “The movant shows that there is …

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The law concept background.
North Carolina / Summary Judgment
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Pump Manufacturer Obtains Summary Judgment on Causation

Jurisdiction: United States District Court for the Middle District of North Carolina

Marshall E. Pike worked in the farm-equipment manufacturing and maintenance field for the duration of his 55-year career. This included performing maintenance on fertilizer spreader and sprayer pumps at multiple companies. In September 2021, Pike was diagnosed with mesothelioma and commenced this action. His estate continued the action and added a wrongful death claim following his June 2023 death. Plaintiffs alleged the decedent’s handling of asbestos gasket material on Defco pumps contributed to his illness. Defco moved for …

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Expert Evidence / Summary Judgment
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Fifth Circuit Affirms District Court Decisions Excluding Appellants’ Experts Reports and Granting Summary Judgment

Court: United States Court of Appeals for the Fifth Circuit

Plaintiff Harry Marsh worked as a merchant mariner from 1944 to 1992. He was diagnosed with mesothelioma in 2018 and subsequently sued the owner of every vessel he worked on over his lengthy career. Defendants included appellees Chas Kurz & Co. Inc., Chiquita Brands International Inc., Farrell Lines, individually and as successor in interest to American Export Lines Inc., and National Bulk Carriers, Inc. (“appellees”). 

Plaintiff brought his action under the Jones Act and claimed the asbestos …

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Expert Reports / Montana / Motions in Limine
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Court Denies Motions in Limine Despite Finding Expert Report Disclosure Untimely

Court: United States District Court for the District of Montana, Great Falls Division

From 1923 to 1994, Burlington Northern Santa Fe Railway Company (BNSF) transported vermiculite ore containing amphibole asbestos from a mining and processing location in Libby, Montana. Subsequently, an accumulation of airborne asbestos resulted in and around the town where plaintiffs resided. Plaintiffs allege the defendant’s railyard in downtown Libby served as the hub of the company’s vermiculate business and that it transported crushed vermiculite ore in open rail cars along its “Libby …

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The law concept background.
Maritime/Admiralty Law / Pennsylvania / Summary Judgment
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Gasket Manufacturer’s Motions for Summary Judgment Granted, in part, Pursuant to Maritime Law

Court: United States District Court for the Eastern District of Pennsylvania

Plaintiff’s decedent, Joseph Pine, served as a fireman aboard the USS Constellation from 1965-1967. After he died from mesothelioma a month after his diagnosis, his widow Lydia Pine (plaintiff) brought suit against defendant John Crane Inc. and a number of other asbestos manufacturers. As the final remaining defendant, Crane moved for summary judgment and to strike plaintiff’s jury demand.

According to the pleadings, the decedent worked on auxiliary equipment including pumps, gaskets, valves, generators, and steam-driven …

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New York / Personal Jurisdiction
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Trial Court Finds Plaintiff Lacks Personal Jurisdiction over Holding Company Defendant

Court: Supreme Court of New York, New York County

Plaintiffs Michele Stuck and Jack Bannister, individually and as executors of the estate of Penelope Rigsby, brought an action against countless cosmetic manufacturers, including BATUS Holding Inc. Plaintiffs sued BATUS individually and as successor-in-interest to British American Cosmetics, Yardley Co., and Yardley of London Inc. 

On the other hand, BATUS argued that as a holding company it never placed any products into the stream of commerce and thus has no ties to the State of New York. Plaintiff …

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