Category: Appeal

Appeal / Verdict
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Post-Trial Motions from Plaintiffs and Valve Defendant Denied Following 2019 Verdict

New York

On April 25, 2019, as previously reported by the Asbestos Case Tracker, the Supreme Court of Erie County rendered a plaintiffs’ verdict, finding that decedent James Stock was exposed to asbestos by products made by the valve manufacturer, the defendant failed to exercise reasonable care by not providing warnings about the hazards of exposure to asbestos from its products, and that its failure to warn was a substantial contributing factor in causing the decedent’s injuries. The verdict was appealed by the defendant and …

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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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Appeal
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Plaintiff’s Misconduct of Withholding Exposure Information of Decedent Leads to Upholding of New Trial for Premise Owner

Court of Appeals of Oregon, August 26, 2020

The decedent, Robert Golik, died of mesothelioma allegedly as a result of his exposure to asbestos. The decedent passed away prior to the lawsuit being filed, and was therefore, never deposed regarding his work history or exposure to asbestos. At trial, The plaintiff, Alice Golik, presented evidence that the decedent was an employee of Armstrong Contracting and Supply Corporation (AC&S) and worked as an insulator helper at the defendant, Georgia Pacific Consumer Products, LLC’s (GPCP) paper mill …

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Appeal / Discovery / Personal Jurisdiction
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Pump Manufacturer Withstands Challenge to Protective Order, Loses Personal Jurisdiction Argument

Appellate Court of Illinois, Fifth District, August 24, 2020

The Appellate Court of Illinois, Fifth District, recently issued a discovery decision in the matter of Linder v. A.W. Chesterton Co., which also touched on the issue of personal jurisdiction. In Linder, the plaintiffs alleged that asbestos dust attributable to industrial pumps manufactured by GIW contributed to plaintiff decedent, Robert Linder’s mesothelioma. At the outset of the case, GIW filed a motion to dismiss for lack of personal jurisdiction, arguing that as a Georgia …

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Appeal / Verdict
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Fourth Circuit Upholds $32.7 Million Award in North Carolina Deceased Mesothelioma Case

U.S. Court of Appeals for the Fourth Circuit, August 24, 2020

On August 24, 2020, the U.S. Court of Appeals for the Fourth Circuit issued a decision upholding a $32.7 million damage award rendered by a North Carolina jury in the matter of Finch v. Covil. The Finch matter involved a 78-year-old deceased mesothelioma claimant, who the plaintiffs allege was exposed to asbestos during his work at the Firestone Tire Plant in Wilson, North Carolina from 1975 to 1995. Specifically, the plaintiffs alleged that …

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Appeal / New York
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Jury Deviated From Reasonable Compensation in $13M Award, New York Appeals Court Rules

Supreme Court, Appellate Division, First Department, New York, August 6, 2020

The Appellate Division of the First Department of New York vacated a $13 million award in a mesothelioma case, stating that the award deviated from what would be “reasonable compensation” for the claims. During the initial trial, the jury awarded $4 million for future pain and suffering, $250,000 for future loss of consortium, $5.5 million for past pain and suffering, and $650,000 for past loss and suffering.

The appellate division upheld the $4 million …

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Appeal / Personal Jurisdiction / Washington
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Court of Appeals Reverses Dismissal of Asbestos Manufacturer Based on Lack of Personal Jurisdiction

Court of Appeals of Washington, Division One, July 13, 2020

In Noll v. Special Electric Co., the Court of Appeals of Washington, Division One, recently opined on an order of remand regarding the trial court’s dismissal of an action because the court lacked personal jurisdiction over the defendant. The trial court concluded that the plaintiff did not allege sufficient facts for Washington to exercise specific jurisdiction over the defendant. In granting the defendant’s original motion, the court held that the plaintiff failed to allege …

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Appeal / California
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Court Reverses Grant of New Trial, Affirms Defense Verdict for Electrical Product Manufacturer

Court of Appeal of California, First Appellate District, June 29, 2020

In Estes v. Eaton Corp., 2020 Cal. App. LEXIS 594, the Court of Appeal of California, First Appellate District reversed an order granting a new trial, and affirmed a defense verdict for Eaton Corporation. In this case, the jury heard the trial court case, and returned a defense verdict. However, the trial court granted the plaintiff a new trial on the ground of insufficient evidence. Eaton appealed the new trial order on multiple …

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Appeal / New Jersey
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New Jersey Supreme Court Affirms Manufacturer Liability for Third-Party Asbestos-Containing Component Parts

This case was initially filed in Middlesex County, NJ by the plaintiff in 2014. The plaintiff, Arthur Whelan, alleged he contracted mesothelioma from working on products manufactured by defendants, including original asbestos-containing components and asbestos-containing replacement components manufactured by other entities. At the summary judgment stage, the defendants argued the plaintiff could not establish that his exposure to asbestos was the result of any product they manufactured or distributed. Further, they denied any liability for the plaintiff’s exposure to asbestos-containing replacement parts that they did …

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Appeal / Delaware
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Appeal Dismissed as Interlocutory Since Entry of Judgment Still Pending

Supreme Court of Delaware, May 22, 2020

After a jury trial found in favor of the plaintiff in this asbestos matter, defendant Ford Motor Co. filed a motion for a new trial or in the alternative for remittitur. The trial court denied Ford’s motion. Thereafter, the plaintiff filed a motion for entry of judgment, seeking the award of pre- and post-judgment interest under New Mexico law. While the plaintiff’s motion was pending, Ford filed a notice of appeal from the court’s March 3, 2020 Order …

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