Category: Motion to Dismiss

Mesothelioma
Motion to Dismiss / North Carolina
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Asbestos Complaint Survives Motion to Dismiss

U.S. District Court for the Eastern District of North Carolina, Eastern Division, May 13, 2022

The plaintiffs Augustus Adams and his wife brought suit against numerous defendants, alleging that Mr. Adams developed mesothelioma and other lung damage from exposure to asbestos fibers during the course of his employment. The plaintiffs assert claims for defective design, failure to warn, implied warranty, gross negligence, and loss of consortium. Defendant Vistra Intermediate Company LLC, individually and as successor-in-interest to CRSS, filed a motion to dismiss for failure to …

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Motion to Dismiss / New York
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Court Finds Plaintiff Properly Alleges Successor Liability to Survive Motion to Dismiss

Supreme Court of New York, New York County, April 24, 2022

The defendant, PB Heat LLC, filed a motion to dismiss the plaintiff’s complaint and a motion to impose sanctions. The plaintiff filed suit against PB Heat claiming exposure to asbestos, arguing that the doctrine of successor liability is applicable to PB Heat. PB Heat moved to dismiss for failure to state a claim, and moved for sanctions for alleged frivolous conduct. PB Heat argued the complaint lacked any factual allegations that could possibly warrant …

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Florida / Motion to Dismiss
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Court Grants Chemical Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds

United States District Court for the Southern District of Florida, April 5, 2022

In this asbestos action, plaintiff John R. Andres passed away in April 2020, allegedly as a result of his diagnosis with mesothelioma. His son subsequently filed suit in Florida against 51 defendants, alleging that his father came into contact with numerous asbestos-containing products over the course of his life. One of the defendants, Huntsman Corporation, filed a motion to dismiss, arguing that theywere not subject topersonal jurisdiction in Florida. While the plaintiff’s …

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Maritime/Admiralty Law / Motion to Dismiss
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Manufacturer Defendants’ Motion to Dismiss Plaintiff’s Failure to Warn Claim Denied

U.S. District Court for the Southern District of California, October 21, 2021

In this asbestos action, Dale Spurlin served in the U.S. Navy from 1963 until 1969. During this time, he alleged asbestos exposure while maintaining the boilers and other equipment in the fire rooms on the USS McGinty and the USS Rowan. After this matter was more than two years into its pendency and the filing of summary judgment motions, the defendants argued that the court lacked subject matter jurisdiction by way of a …

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Motion to Dismiss / Personal Jurisdiction
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Jurisdictional Discovery Allowed Over Successor Entity in Take-Home Exposure Case

U.S. District Court for the Eastern District of Louisiana, March 31, 2021

In October 2019, plaintiff Stephen Legendre, filed a lawsuit alleging that he contracted mesothelioma in September 2019. He alleged that his mesothelioma was caused by take-home exposure to asbestos from his father who worked at Avondale from 1943 to 1945.

Avondale removed the case to federal court, and thereafter filed a third-party claim against Mestek, Inc, as the successor corporation to L.J. Wing Manufacturing Company, which had allegedly supplied forced draft blowers and …

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Motion to Dismiss / New York / Personal Jurisdiction
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Plaintiff Allowed to Proceed with Jurisdictional Discovery as Door Manufacturer’s Motion to Dismiss Denied

Supreme Court of New York, New York County, February 16, 2021

In this action, plaintiff James Witte alleged asbestos exposure from supervising the installation of fire doors manufactured by T.M. Cobb Company in Manhattan. Cobb moved to dismiss the plaintiff’s complaint based on lack of personal jurisdiction. Cobb argued that the court did not have personal jurisdiction over them as they were incorporated in and have their principal place of business in California. Further, Cobb’s manufacturing and distribution facilities are located in four California cities. …

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Arkansas / Motion to Dismiss / Personal Jurisdiction
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Gasket Manufacturer’s Motion to Dismiss on Personal Jurisdiction Denied Due to Conclusory Arguments

U.S. District Court for the Eastern District of Arkansas, Central Division, August 25, 2020

Defendant Federal-Mogul Asbestos Personal Injury Trust, as successor to both the Felt-Products Manufacturing Company and the Vellumoid Division of Federal-Mogul Corporation, filed separate motions to dismiss on behalf of each. The court notes that both motions failed to comply with Local Rule 7.2 as they were not accompanied by a brief. Furthermore, the arguments in the rough two-page motions were completely undeveloped and conclusory, which the court noted was enough to …

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Talcum powder on black background
Motion to Dismiss / New York
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Plaintiffs Agree to Defendant’s Dismissal After Motion to Dismiss Filed in Talc Case

U.S. District Court for the Western District of New York, July 29, 2020

On February 28, 2019, plaintiffs John Castro and Joyce Castro commenced this products liability action in state court against defendants, including CVS Pharmacy, alleging that Mr. Castro was diagnosed with mesothelioma as a result of his exposure to asbestos from his use of asbestos-contaminated talc products.

On March 1, 2019, this matter was removed to federal court on motion by the defendants.  The plaintiffs filed a motion to remand. On June 2, 2020, the court accepted …

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Maryland / Motion to Dismiss / Personal Jurisdiction / Statute of Limitations
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Loss of Valid Statute of Limitations Defense after Re-Filing Not a Bar to Dismissal Without Prejudice

U.S. District Court for the District of Maryland, June 12, 2020

Family members (plaintiffs) of the decedent Cynthia Cartwright alleged exposure to asbestos-containing talcum powder attributed to defendants Cyprus Amax Minerals Company, Avon Products Inc., and Johnson & Johnson Consumer Inc. (JJCI), which the plaintiffs claim resulted in the decedent’s fatal mesothelioma. The plaintiffs initially filed an action in Maryland, and JJCI moved to federal court.  Cyprus and Avon subsequently moved to dismiss based on personal jurisdiction, whereas JJCI moved for partial judgment on the …

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Mesothelioma
Kentucky / Motion to Dismiss / Personal Jurisdiction / Pleadings Challenge
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Court Denies Third Party Defendant’s Motion to Dismiss and Orders Jurisdictional Discovery

U.S. District Court for the Western District of Kentucky

In Jack Papineau and Holly Papineau v. Brake Supply Company, Inc., et al., the court recently denied a third-party defendant’s motion to dismiss a third-party complaint without prejudice. Plaintiff Jack Papineau alleged he developed malignant mesothelioma from exposure to asbestos from his employment at Smith Coal, and sued four defendants including Brake Supply.

Brake Supply then filed a third party action against Fras-le S.A. Fras-Le North for common law indemnity and apportionment under K.R.S. § …

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