The plaintiff was a police officer for the City of Buffalo from 1968-1995. In 2012, he was diagnosed with mesothelioma and filed this proceeding asking permission to serve a late notice of claim against the city. The plaintiff alleged asbestos exposure during his work at properties owned by the city and by the Board of Education. The city argued that leave should not be given to the plaintiff to file a late notice of claim because New York General Municipal Law Section 207-c provided the …
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Certification of Class for Unmanifested Asbestos Claims in Bankruptcy Court Denied
Debtors filed voluntary petitions for relief in the United States Bankruptcy Court; certain debtors’ subsidiaries have potential liability related to former employees’ alleged exposure to asbestos in power plants owned or operated by debtors’ predecessors. The bankruptcy court issued an order setting a bar date for all asbestos claimants, establishing requirements for proofs of claim for manifested and unmanifested asbestos claimants, and notice procedures. Appellants filed a motion seeking to have the court, among other things, certify a class of persons holding unmanifested asbestos claims. …
Continue ReadingBeware Drafters of Purchase Agreements — Unambiguous Terms in Stock Purchase Agreement Assigns Asbestos Liabilities to Purchasers
Plaintiff Cooper Industries brought a declaratory judgment against Precision Castparts Corp. and Wyman-Gordon Company, for defense and indemnification costs for personal injury asbestos lawsuits, pursuant to a stock purchase agreement between Cooper and Wyman. The plaintiff and defendants both filed summary judgments; the plaintiff’s summary judgment was granted in part, and the defendants’ summary judgment was denied.
Cooper acquired Cameron Iron Works in 1989; in 1994 Wyman purchased the Forged Products business unit from Cooper pursuant to a Stock Purchase Agreement (SPA). In 1995, Cooper …
Continue ReadingNo Harm No Foul in Asbestos Product Liability Action With Physical Injury
In a recent decision out of an Illinois appellate court, it was held that physical injury does not always equate to compensable physical harm. In the case of Sondag v. Pneumo Abex Corp., et al, the plaintiffs, Joseph and Phyllis Sondag, sued various defendants they claimed exposed Joseph Sondag to asbestos, which lead to his developing pleural plaques and interstitial fibrosis. The plaintiffs alleged that the defendant Tremco, Inc. manufactured asbestos containing tape that was used by Joseph as a professional plasterer. The case …
Continue ReadingDefendants Petition California Supreme Court to Review Duty of Care Standard Regarding Take-Home Exposures
In the consolidated matters of Kesner and Havner, the defendants petitioned the California Supreme Court to find there is no duty on employers to protect against take-home exposures experienced by those who are neither employees nor visitors to the employer’s premises; including that of an employee’s spouse or family member.
In the Havner matter, the plaintiff filed a wrongful death action against defendant BNSF Railway Company, alleging claims for wrongful death based on theories of negligence and premises liability due to the plaintiff’s take-home …
Continue ReadingCertainteed Obtains Spoliation Charge on Missing Pipe and Defense Verdict Following Two-and-a-Half Week Trial
On July 7, 2016 a Florida jury rendered a defense verdict on behalf of building products manufacturer Certainteed Corporation (“Certainteed”). In this case, it was alleged that the decedent was exposed to asbestos and developed mesothelioma from his work cutting couplings on Certainteed asbestos-containing irrigation pipe next to his family property for an approximate two-week period in either 1969 or 1970. Through discovery it was learned that some of the pipe was removed and reinstalled. After finding witnesses who were able to testify where the …
Continue ReadingMadison County, IL Continues to Top the List for Asbestos Filings
According to a recent article published by the Madison County Record, Madison County, Illinois continues to top the list as the jurisdiction with the most asbestos filings nationally. Several Madison County firms (including Gori Julian & Associates, P.C., Simmons Hanly Conroy, and Maune Raichle) filed hundreds of asbestos cases in 2015 and appear on target to reach those numbers this year. Baltimore comes in as a distant second, with approximately 45 percent fewer cases than Madison County.
Continue ReadingSealing Technology Manufacturer John Crane Inc. Files Two Lawsuits Against Plaintiffs Firms Alleging Fraud and RICO Violations, Following Step with Garlock
Sealing Technology Manufacturer John Crane Inc. (JCI) has filed two separate lawsuits against asbestos plaintiffs firms Shein Law Center, Ltd. and Simon Greenstone Panatier Bartlett, PC, alleging that they violated federal mail and wire fraud statutes, federal obstruction of justice and witness tampering statutes, and the federal RICO statute.
JCI claims the defendants “systematically and falsely denied their clients were exposed to numerous other asbestos-containing products in litigation against JCI, and once the litigation was complete, filed claims with asbestos bankruptcy trusts set up by …
Continue ReadingWorld Health Organization Calls for Global Ban on the Production of Asbestos and its Use Due to Exorbitant Cost of Treatment
The World Health Organization (WHO) recently finalized a study that concluded that the costs of treating asbestos-related diseases are four times higher than the cost of producing asbestos materials. As a result, WHO has called for a global ban on the production of asbestos and its use.
This research was announced at a recent meeting of the Asia Pacific Cancer Leaders’ Summit in Brisbane, Australia, an area where the use of asbestos has significantly cost the population. Australia has one of the highest incidence of …
Continue ReadingExxon Mobil Pleads No Responsibility in Lawsuit Against Lockheed Martin Over Asbestos Litigation Bill
On April 4, 2016, Exxon Mobil Corporation brought suit against Lockheed Martin Corporation, seeking a declaration that the 1963 asset purchase agreement between Martin-Marietta, Lockheed’s predecessor, and Mobil Finishes does not give rise to an obligation to pay or reimburse costs that Lockheed Martin allegedly incurred or may incur with regards to alleging asbestos bodily injury claims against Lockheed or its predecessor.
This suit arises out of a letter in February sent from claims administrator Resolute Management Inc. seeking $16 million to cover costs of …
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