DELAWARE — Plaintiff William Sykes filed suit in March of 2014 against numerous defendants after being diagnosed with mesothelioma in October, 2013. The plaintiff’s counsel requested expedited trial and discovery depositions due to Plaintiff’s rapidly deteriorating health; a video trial deposition was taken on April 16, 2014. During a break in the trial deposition, the plaintiff informed counsel that he was unable to complete the remainder of the deposition. At that time, the parties were left with only the video trial deposition and no cross …
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Second Motion to Remand Denied When Plaintiff Asserted Claims She Previously Waived
OREGON — The plaintiff initially filed her lawsuit on behalf of her father’s estate, in Oregon state court, alleging he was exposed to asbestos while working at Norwest Marine & Iron Works Shipyard and Albina Engine & Machine Works Shipyard. Both shipyards serviced military and civilian vessels. Neither the original nor amended complaints contained specific ship information. Defendants GE and CBS removed to federal court based upon the federal officer removal statute after plaintiff provided a ship list. The plaintiff filed a motion to remand, …
Continue ReadingFour Cases Improperly Removed Due to Citizenship of Managing Agent of Defendant
MONTANA — Four plaintiffs originally filed suit in the Eighth Judicial District of Cascade County Montana alleging exposure to asbestos in Libby, Montana. Defendant BNSF removed the case to federal court on diversity of citizenship grounds, and alleged that BNSF’s managing agent John Swing was fraudulently joined. The court reviewed the Magistrate Judge’s Findings and Recommendations following a November 2017 hearing, and remanded all four cases to state court.
Each of the four plaintiffs named 80-year-old Montana resident John Swing in their complaints, and gave …
Continue ReadingFederal Court Collaterally Estops Claims in Separate Disease Case
MISSOURI — Over a period of six years, plaintiff Berj Hovsepian filed two separate actions for two separate diseases, asbestosis and mesothelioma, arising out of his work with various products as a civilian employee of the United States Navy in Boston from 1958-1964. The current action sits in federal court, having been removed from a December 2015 case filed in state court in Missouri. The court granted defendant Ingersoll-Rand’s summary judgment motion on collateral estoppel for the reasons discussed below.
In December of 2009, Hovsepian …
Continue ReadingPlaintiff’s Motion to Remand to State Court Denied After Court Finds Federal Jurisdiction under the Outer Continental Shelf Lands Act
LOUISIANA — On June 16, 2017, plaintiff Federico Lopez filed suit against 15 defendants, claiming that his exposure to asbestos as a welder and pipefitter at numerous locations caused his mesothelioma. Defendants Shell Oil Company and Tennessee Gas Pipeline, LLC, removed the action, invoking federal subject matter jurisdiction pursuant to the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. Section 1349(b), and alternatively, pursuant to federal question jurisdiction, 28 U.S.C. Section 1331. Further, the defendants contended that the court had supplemental jurisdiction over the plaintiff’s …
Continue ReadingRemand Granted After Finding that Government Did Not Direct Safety Operations of Shipyard Defendant
LOUISIANA — The plaintiffs brought this action against several defendants including Huntington Ingalls (Ingalls) alleging that their decedent, Tyrone Melancon, was exposed to asbestos for which the defendants were liable. The plaintiffs asserted that Melancon developed mesothelioma from exposure to asbestos while working at the Avondale Shipyard from 1965-2002.
Ingalls. along with others, removed the case to U.S. District Court on federal officer removal. The plaintiffs moved for remand arguing that defendants were not entitled to such removal. According to the court, removal under federal …
Continue ReadingPlaintiffs’ Motion for Reconsideration of Dismissals Based Upon Lack of Personal Jurisdiction Denied
MISSOURI — On June 27, 2017, the U.S. District Court for the Eastern District of Missouri granted several defendants’ motions to dismiss based upon a lack of personal jurisdiction. The plaintiffs subsequently filed a motion to reconsider due to an intervening change in the law, specifically the U.S. Supreme Court’s Bristol-Myers Squibb (BMS) opinion issued on June 19, 2017. The court noted that such motions, filed pursuant to Federal Rule of Civil Procedure 59, cannot be used to raise arguments which could have been raised …
Continue ReadingRemoval Under Federal Officer Removal Statute Held to Begin on Date of Receipt of Deposition Transcript
On February 23, 2017, the plaintiff filed a complaint against Avondale Shipyards, and numerous other defendants, alleging he suffered mesothelioma from his employment at Avondale. The plaintiff was deposed over eight days from March 9 to April 13, 2017. He was cross-examined by counsel for Avondale on March 10 and 20, 2017. On March 28, 2017, counsel for Avondale received a link to the deposition transcript. Avondale removed the matter on the basis of federal officer jurisdiction on April 27, 2017, 30 days following receipt …
Continue ReadingDenial of Remand When Removal Under Federal Officer Removal Statute Deemed Timely
MARYLAND — The plaintiff filed her lawsuit in the Circuit Court for Baltimore County on June 5, 2015, alleging the decedent was exposed to asbestos at Bethlehem Steel Sparrows Point Shipyard as a riveter heater and boiler maker from 1948 through the 1970s. A co-worker was deposed on December 11, 2015, and testified that decedent was exposed to asbestos from Foster Wheeler products while building ships for the Vietnam War. Foster Wheeler removed the case base on the Federal Officer Removal Statute to the U.S. …
Continue ReadingPlaintiffs’ Asbestos-Related Claims Time-Barred Due to Prior Settlement Agreement
LOUISIANA — Plaintiffs-Appellants are the widow and surviving children of Raymond J. Lemieux, Sr.. Mr. Lemieux, Sr. worked for Johns-Manville in Marrero, Louisiana from 1956 to 1970 during which time he wore a respirator designed by American Optical, Defendant-Appellee. Raymond, Sr. developed asbestos-related lung cancer, which eventually caused his death in 2015; prior to his death, he filed suit in 2011 against American Optical stemming from his use of their respirator. Represented by his attorney, Raymond, Sr. entered into settlement negotiations with American Optical. The …
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