Choice of Law Archives - Asbestos Case Tracker

Talc Defendant’s Motion for Summary Judgment Based on Texas Law Granted on Appeal

Court: Supreme Court of New York, Appellate Division, First Department

In September 2023, the trial court denied talc defendant Colgate-Palmolive Co.’s motion for summary judgment to dismiss the complaint against it. On appeal, the First Department unanimously reversed and granted Colgate’s motion.

“When a foreign resident’s exposure to a toxin occurs in foreign states, New York’s connection to the action is tenuous at best.” See Kush v. Abbot Labs., 238 AD2 172, 172 [1st Dept 1997].

Here, while plaintiff’s decedent allegedly used talcum powder …

July 3, 2023 Choice of Law / Workers' Compensation

Posted by: Asbestos Case Tracker

Delaware Workers’ Compensation Statute Bars Civil Claim

Superior Court of Delaware, New Castle

Plaintiff Jeffery Saunders filed an action against numerous defendants, alleging that he was exposed to asbestos-containing products and sustained resulting injuries. Defendant Atlantic Plant Management (APM) moved for summary judgment, arguing that Delaware law applies and that the plaintiff’s claim is barred by the exclusivity provision of the Delaware workers’ compensation statute. The court agreed, granting APM’s motion. The plaintiff filed a Motion for Reargument, which was considered by the court.

The plaintiff worked out of the Delaware Carpenters …

July 6, 2021 Choice of Law / Delaware

Posted by: Catherine L. Schwarze

Iowa Law Found to Apply to Plaintiffs’ Mesothelioma Claim Based on Place of Injury Presumption

U.S. District Court for the District of Delaware, July 1, 2021

Plaintiffs Rickey Thorne and Barbara J. Thorne initiated this action in the U.S. District Court for the District of Delaware on the basis of diversity jurisdiction. The plaintiffs allege exposure to asbestos and products containing asbestos during the plaintiff’s service in the United States Air Force which caused his mesothelioma. The plaintiff was stationed at Minot Air Force Base in North Dakota where he maintained gas appliances, including stoves, hot water heaters, and furnaces, …

April 9, 2021 Choice of Law / New York / Statute of Limitations / Virginia

Posted by: Elizabeth Lautenbach Adams

Plaintiffs’ Federal Court Action Time-Barred After Choice of Law Analysis

U.S. District Court for the Western District Court of New York, April 6, 2021

In this asbestos action, plaintiffs John and Joyce Castro commenced this lawsuit against several talc defendants in February 2019. As per their interrogatory responses, the plaintiff was diagnosed with mesothelioma on February 29, 2016. As to defendant Revlon, the plaintiff’s alleged indirect exposure to one of Revlon’s talcum powder products occurred only in Virginia.

Revlon filed a motion for summary judgment, arguing that the plaintiffs’ claims are time-barred under New York …

January 15, 2021 Choice of Law / Rhode Island / Summary Judgment

Posted by: Elizabeth Lautenbach Adams

Burner Defendant Granted Summary Judgment; No Evidence of Product Nexus

Superior Court of Rhode Island, Providence

In this matter, the decedent alleged asbestos exposure from his work as a plumbing and heating installer/repairer in the state of Maine from 1949 until 1966. Specific to this motion, the decedent installed Wayne burners, and converted Wayne burners from coal to oil. During this work, the decedent mixed asbestos powder and applied asbestos-containing mud to seal the tube of the burner.

With regard to the choice of law analysis, both parties agreed that Maine law should be applied …

October 27, 2020 Choice of Law / Mississippi

Posted by: Elizabeth Lautenbach Adams

Mississippi Federal Court Applies Delaware and Tennessee Law to Grant Summary Judgment

U.S. District Court for the Southern District of Mississippi, Southern Division, October 23, 2020

The plaintiff alleged that he developed mesothelioma after exposure to asbestos from various products he worked with throughout his career. Of note in this matter, the plaintiff alleged that defendant Trinity Marine Products is liable for his injury after he worked with asbestos-containing brake pads incorporated in Nabrico winches. The defendant did not manufacture the brake pads or winches. Instead, the defendant purchased the assets from the winch manufacturer New Nabrico, …

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

July 23, 2019 Choice of Law / Delaware

Posted by: Asbestos Case Tracker

Despite Factual Evidence of Exposure, Ohio Causation Statute Still Requires Expert Medical Evidence

DELAWARE – In an appeal of a case reported by the Asbestos Case Tracker blog in August 2018, the Delaware Supreme Court rejected the plaintiffs’ appeal and affirmed the superior court. Briefly, the parties had agreed that Ohio law applied to the case. During the pendency of the action, the Ohio Supreme Court issued its opinion in Schwartz v. Honeywell International, holding that the plaintiffs’ experts could not opine on a cumulative exposure theory. Rather, the Ohio asbestos causation statute requires that causation be …

September 11, 2018 California / Choice of Law

Posted by: Asbestos Case Tracker

Plaintiff Waived Choice of Law Causation Issue; Kansas Law Applied to California Case

CALIFORNIA — The plaintiff Gerald Hake was born in Kansas and allegedly exposed to asbestos from friction products from age 10 until age 19 while working at the family-owned Hake Standard Service Station. In 1962, he joined the Navy; he then moved to Washington state in 1966. He lived in that state until the present time. The case went to trial against Honeywell and BorgWarner in the state of California.

The parties filed a series of motions to apply either Washington or Kansas law to …

May 14, 2018 Case Decisions / Choice of Law / Federal Officer Jurisdiction / Massachusetts

Posted by: Asbestos Case Tracker

Turbine Manufacturer’s Choice of Law Motion Granted Based on Location of Asbestos Exposure and Diagnosis

MASSACHUSETTS — Plaintiff Ruth Burleigh, the widow of the plaintiff’s decedent Ernest Burleigh, filed suit in the U.S. District Court for the District of Massachusetts against numerous defendants alleging that decedent developed mesothelioma as a result of exposure to asbestos while working as a mechanic at the Portsmouth Naval Shipyard (the shipyard) from 1960-1981. The shipyard is located in Kittery, Maine, approximately 20 miles from the Massachusetts border. The plaintiff’s decedent alleged exposure to asbestos in Maine only, was a resident of Maine for the …

March 20, 2017 Case Decisions / Choice of Law / Rhode Island / Statute of Repose / Summary Judgment

Posted by: Lynn A. Lehnert

Rhode Island Court Applies Maine Law to Deny Summary Judgment to Insulation Contractor

The plaintiffs alleged negligence and breach of warranty based upon asbestos exposure sustained by decedent during his work at various job sites through the Laborer’s Union from 1969-1990. Defendant New England Insulation Company (NEI) filed a motion for summary judgment based upon various theories, which the court denied.

During his deposition, the decedent testified that he worked as a laborer for general contractors at job sites in Maine. From 1973-1976 he worked at International Paper Mill around other trades, such as pipefitters and insulators. His …