Chanel Obtains Defense Verdict from Oregon Jury in Living Mesothelioma Claim

OREGON — An Oregon jury delivered a defense verdict for defendant Chanel on September 17, 2018 after a four-week trial in a living pleural mesothelioma claim. Chanel asserted an spontaneous etiology defense and the jury unanimously found that (i) Chanel was not negligent and (ii) was no defect in the Chanel cosmetic talc product allegedly used by plaintiff in this case.…

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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, …

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Successor Liability Decision Reversed in Oregon

The plaintiff appealed the trial court’s granting of the defendant’s motion for summary judgment on successor liability. This suit involves the plaintiff’s exposure to asbestos from his work in Portland shipyards during the 1950s. The defendant moved for summary judgment on the ground that any of its liabilities “that may have existed prior to 1965 were transferred to another company” and, therefore, it could not be held liable for the alleged injuries suffered prior to that transfer.

The plaintiff appealed this decision arguing that the …

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Product Identification of Pump or Internal Components Key to Inquiry Regarding Which Product Applied to Strict Product Liability Claims Under Oregon Law

The plaintiff alleged strict product liability, negligence, and loss of consortium against various defendants after her husband developed and died from mesothelioma. Defendant Warren Pumps was granted summary judgment, and plaintiff appealed. The court reversed and remanded.

During his 20-year naval career, the decedent served on two aircraft carriers — the USS Boxer and the USS Hancock — working on and around various pumps. Warren sold 51 pumps that were installed on the USS Boxer and 51 pumps that were installed on the USS Hancock …

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