Denial of Rail Defendant’s Forum Non Conveniens Motion Upheld on Appeal Appellate Court of Illinois, First District, Fourth Division, June 28, 2019

ILLINOIS — The defendant, BNSF Railway Company (BNSF), made an interlocutory appeal of the trial court’s denial of their forum non conveniens motion, seeking transfer from Cook County, Illinois to Knox County, Illinois, in a matter involving brakeman and locomotive engineer, Randall Alley. Alley alleged that his lung cancer was caused in part by unsafe working conditions at BNSF, where he worked for 40 years. He worked on BNSF trains that departed from train yards in Fort Madison, Iowa and Kansas City, Missouri for 28…
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Circumstantial Evidence Held Sufficient to Uphold Verdict Against Insulator Defendant Court of Appeals of Maryland, July 3, 2019

MARYLAND — A Baltimore City jury found that William Busch, Jr. contracted mesothelioma as a result of his exposure to asbestos-containing materials installed during the construction of Loch Raven High School (LRHS) by defendant Wallace & Gale, Co. (W&G), and awarded the plaintiff a $14 million verdict, which was later reduced to $7.3 million. While working for Honeywell in the early 1970s, Busch worked in the boiler room at LRHS for three-to-four months in the presence of insulators, who were covering two large boilers with…
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Court Cites Strong Policy Against Granting Motions to Strike in Denying Plaintiff’s Motion United States District Court, E.D. Pennsylvania, July 1, 2019

PENNSYLVANIA — In a case previously covered by the Asbestos Case Tracker, the defendant, Viad Corporation, filed an answer to the plaintiff’s complaint on February 22, 2019, including a successor in interest defense, an assertion that was raised for the first time in their reply to the plaintiff’s response to their motion for summary judgement and not decided on by the court at that time. The plaintiff filed a motion to strike Viad’s answer, and Viad filed a reply. “The issue in this case is…
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Reconsideration of Motion to Dismiss of Auto Parts Manufacturer Denied Due to No Manifest Error United States District Court, W.D. Washington July 1, 2019

Defendant National Automotive Parts Association (NAPA) filed the instant Motion for Reconsideration of the order denying the Motion to Dismiss for Lack of Personal Jurisdiction, putting forth three arguments:
  1. The order appeared to have mistakenly cited to inadmissible and incompetent evidence
  2. The court may have overlooked a key distinction between branding or licensing a product and manufacturing or distributing a product
  3. The order did not rule on NAPA’s alternative request that an evidentiary hearing be held to resolve any factual conflict
Western District of Washington…
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Washington State Personal Jurisdiction Dispute Remanded to Trial Court for Further Findings of Fact Court of Appeals of Washington, Division 1, July 1, 2019

WASHINGTON – The plaintiff sued the defendant Special Electric and others on behalf of the decedent Donald Noll, and alleged that Noll’s fatal mesothelioma was caused in part by his work with asbestos-cement pipe in the 1970s that contained asbestos supplied by Special Electric. Special Electric moved to dismiss the matter for lack of personal jurisdiction, which the trial court granted. However, Washington’s Supreme Court remanded the case to the trial court for consideration of the facts in light of its decision in State v.
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Jury Verdict on Future Pain and Suffering Found to be Unreasonable Compensation Against Boiler Defendant Supreme Court, Appellate Division, First Department, New York, June 25, 2019

NEW YORK – A New York appellate court has vacated the trial court’s entry of judgement of $2 million for future pain and suffering in a recent mesothelioma case and has ordered the plaintiff to stipulate within 30 days to a reduction of future pain and suffering damages to $500,000 or face a new trial on damages. The verdict included a $5 million award for the plaintiff’s past pain and suffering, which was untouched on appeal. Although the plaintiff presented evidence that their future condition…
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New York Talc Case Continued on Eve of Trial to Allow for Further Testing Supreme Court of New York, New York, June 4, 2019

NEW YORK – The plaintiff Beverley Alleyne filed suit against Revlon alleging she developed mesothelioma from asbestos in Revlon’s Charlie talcum powder product. Less than ten days before a May trial date, the plaintiff disclosed a report of Dr. William Longo, summarizing his testing of a Charlie product purchased on Etsy. Due to the late disclosure, the trial court continued the case to June 4, 2019 so that Dr. Longo could be deposed. Revlon moved to strike Longo’s report and for an additional continuance in…
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Directed Verdict Reversed for Floor Tile Defendant Based on Admissibility of Expert Opinion Court of Appeal, Second District, Division 4, California June 19, 2019

CALIFORNIA – The plaintiff, Robert Friedman, alleged that he developed mesothelioma from exposure to asbestos through remodeling work undertaken in his home. He proceeded to trial against the defendant, American Biltrite, Inc. (ABI), a manufacturer of asbestos vinyl tile that was allegedly cut and installed in Friedman’s presence over three days in 1966. The plaintiff specifically testified that he observed the tile installers cutting the tile with a circular saw, which created dust. ABI presented testimony from their corporate representative stating that vinyl tile was…
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California Jury Awards Twelve Million Dollars to Plaintiff in Talc Case Court of Appeal, Fourth District, Division 3, California. June 11, 2019

CALIFORNIA – A California jury found that asbestos in talcum powder products sold by two companies was the likely cause of the plaintiff Patricia Schmitz’s mesothelioma, awarding her two million dollars in economic damages and ten million dollars in noneconomic damages. The jury did not reach a conclusion as to whether to award punitive damages or on an intentional misrepresentation claim against one of the companies. Read the case decision here.…
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Plaintiffs’ Post-Sale Failure-To-Warn Theory of Negligence Unpersuasive; Defendants’ Motions for Judgment as Matter of Law Granted U.S. District Court, W.D. Washington, May 31, 2019

WASHINGTON – The instant matter arises from the decedent Patrick Jack’s alleged exposure to asbestos-containing products through his work as an automotive mechanic, a machinist in the Navy, and a machinist and inspector at the Puget Sound Naval Shipyard. Jack sued multiple companies, alleging that his exposure to asbestos caused him to develop mesothelioma. Jack passed away in October of 2017, and his wife and son proceeded as the plaintiffs. This case has previously been covered by the Asbestos Case Tracker. The plaintiffs proceeded…
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