DELAWARE — Decedent Dorothy Ramsey’s husband Robert Ramsey worked as a maintenance worker at Haveg Industries, Inc. from 1967 to 1992, and allegedly handled asbestos products manufactured by defendants Herty and Hollingsworth and Vose (together, the manufacturers) on a regular basis. The plaintiff alleged that Mrs. Ramsey developed her fatal lung cancer from regularly laundering Mr. Ramsey’s clothes which were contaminated with asbestos dust emanating from his use of the manufacturers’ products, among others. The trial court had granted the manufacturers’ summary judgment motions, finding …
Continue ReadingCategory: Delaware
Delaware Jury Issues $40.6 Million Verdict
DELAWARE – On Friday, June 8th, the jury returned a $40.6 million verdict in Larry W. Knecht, et Ux. v. Borg-Warner Corporation, et Al, a Delaware asbestos case. The case was tried under New Mexico law. The jury found Ford strictly liable due to a failure to warn, and apportioned 30 percent fault to the decedent, Larry Knecht, and 20 percent to Ford. The remainder of the liability was apportioned as follows: General Motors and Chrysler (20 percent each) and …
Continue ReadingValve Manufacturer Granted Summary Judgment as Court Finds No Evidence of Conspiracy
DELAWARE — Plaintiff Marguerite MacQueen filed claims in the Superior Court of Delaware against defendant Crane Co., among others, for manufacturing products that exposed her late husband David MacQueen to asbestos during his time aboard the USS Randolph and USS Independence in the United States Navy from 1956 to 1960, and during his time as a salesman for the Union Carbide Corporation from 1963 to 1980. Crane subsequently removed the matter to federal court on federal officer jurisdiction.
Crane moved for summary judgment on the …
Continue Reading
No Prejudgment Interest for Warren in Viking Pump Litigation
DELAWARE — In today’s episode of As Viking Pump Turns, a Delaware Superior Court denied Warren Pumps’ request for prejudgment interest on amounts owed by its excess insurers for asbestos claims in the long-running litigation. In 2005, Viking Pump filed a declaratory judgment complaint against Liberty Mutual regarding coverage for asbestos claims under certain primary and umbrella policies. In perhaps the high point of the litigation, the New York Court of Appeals in 2015 ruled that all sums allocation and vertical exhaustion applied to …
Continue ReadingMotion for Reconsideration Based Upon Change in Law Denied as Untimely
DELAWARE — Plaintiffs Icom and Johanna Evans filed a lawsuit on June 11, 2015 in Delaware Superior Court relating to Mr. Evans’ alleged asbestos exposure. Foster Wheeler removed the matter to federal court on August 4, 2015, pursuant to the federal officer removal statute. Defendants Foster Wheeler and Warren Pumps filed motions for summary judgment in October 2016. Both motions were opposed. The district court issued a Report and Recommendation (R&R) on August 30, 2017, recommending that the motions be granted pursuant to maritime law, …
Continue ReadingLimited Access to Exhibits Filed in Asbestos-Related Bankruptcy Cases was Proper Under Bankruptcy Code Section 107
DELAWARE — Appellants Honeywell and Ford filed a request seeking unlimited access to thousands of exhibits (2019 Exhibits) filed in nine Delaware bankruptcy cases commenced in connection with the debtors’ asbestos-related liabilities (Consolidated Cases). All but one of the nine Consolidated Cases was closed. The appellants argued they were entitled to indefinite access to the 2019 Exhibits, including investigating potential fraud in the claims process and advancing the appellants’ legislative and lobbying activities. The appellees (various Trust Advisory Committees and Future Claimants Representatives) opposed the …
Continue ReadingLouisiana Statute of Limitations Bars Wrongful Death Claim Filed in Delaware
DELAWARE — The plaintiff, Sandra Kivell, filed a wrongful death and survival claim alleging her husband’s death was caused by mesothelioma. He passed on September 5, 2015, and the new claims were filed on September 30, 2016. The plaintiff’s decedent had originally filed a complaint before his death. Georgia-Pacific filed a motion for judgment on the pleadings, arguing that the claims were filed beyond Louisiana’s one year statute of limitations for wrongful death and survival claims. The plaintiff did not contend that the Louisiana statute …
Continue ReadingPlaintiffs’ Experts Permitted to Testify Regarding Conspiracy Claims
Defendant Crane Company filed motions to strike the plaintiff’s expert reports from James A. Bruce, M.D., Barry Castleman Sc.D, and Captain Francis J. Burger as violating Federal Rules of Evidence 402 and 702 in this lung cancer case that was removed to Federal Court. The plaintiff alleged asbestos exposure through his work on two ships in the United States Navy, and through his work as a salesman. Only one count remained from the plaintiff’s Fourth Amended Complaint following Crane’s summary judgment motion, and it alleged …
Continue ReadingExclusion of Decedent’s Deposition Testimony Upheld due to Lack of Meaningful Opportunity for Cross Examination
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 …
Continue ReadingSummary Judgment Granted for Ford on Strict Liability, Punitives, and Conspiracy Claims
DELAWARE — Asbestosis plaintiff Gerald Hickman alleged take home, bystander, and direct exposure to asbestos from, among others, defendant Ford Motor Company. Ford moved for summary judgment, which was granted in part and denied in part.
The plaintiff alleged exposure to Ford products during his work around others in garages and gas stations, from his father’s work in the family service station, and from his own repair work on his wife’s new Ford Mustang. Applying Delaware law, the court denied summary judgment as to the …
Continue Reading