Turbine Defendants Obtain Summary Judgment Under the DeVries Bare Metal Defense Test

U.S. District Court for the Eastern District of Pennsylvania, July 7, 2021

The plaintiffs alleged that John DeVries was exposed to asbestos from insulation associated with steam turbines on the U.S.S. Turner. The Asbestos Case Tracker has continuously covered the DeVries matter’s journey to the United States Supreme Court, and has covered DeVries in a comprehensive synopsis of The State of the Bare Metal Defense. The Supreme Court established a new bare metal defense standard and remanded the matter back to the United …

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Defendants’ MSJs Granted as to Lack of Product Identification—Finds Question of Fact as to Premises Defendant

U.S. District Court for the Western District of Pennsylvania, June 25, 2021

Plaintiff Allisa Gay brought suit against various manufacturers and distributors, alleging that her father, Carl Gay (decedent), developed mesothelioma from exposure to the defendants’ asbestos-containing products while serving in the U.S. Navy. Defendant Viking Pump, Inc. filed a motion for summary judgment, arguing that the plaintiff did not properly identify its product as a cause of the decedent’s disease and death.

Viking admits that it sold Viking Pumps to the U.S. Navy, and …

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Court Grants Water Heater Defendant’s MSJ Finding Plaintiff Failed to Proffer Sufficient Exposure Evidence

United States District Court for the Western District of Pennsylvania, June 17, 2021

Plaintiff sued Defendant Yuba Heat Transfer, LLC and various manufacturers and distributors alleging that decedent developed mesothelioma from exposures to Defendant Yuba’s asbestos-containing products. Plaintiff alleged decedent was exposed to asbestos from Yuba’s feedwater heaters while working at the Niagara Mohawk Power Station. 

Prior to decedent’s passing, he sat for a deposition during which he did not identify Yuba by name or feedwater heaters.  Defendant Yuba filed a motion for summary judgment arguing …

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Court Grants Valve Defendant’s MSJ Finding Plaintiff Failed to Proffer Sufficient Exposure Evidence

U.S. District Court for the Western District of Pennsylvania, June 17, 2021

Plaintiff sued Defendant Honeywell Inc. and various manufacturers and distributors alleging that decedent developed mesothelioma from exposures to Defendant Honeywell’s asbestos-containing products. Plaintiff alleged decedent was exposed to asbestos from Honeywell’s controls, valves, and instruments while working at the SM-1 facility in Virginia and PM-1 facility in Wyoming.

Prior to decedent’s passing, he sat for a deposition during which he recalled Honeywell controls and equipment at the SM-1 and PM-1 facility. Defendant Honeywell …

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Two Defendants Obtain Summary Judgment Due to Insufficient Evidence as Required by Applicable Law

U.S. District Court for the Eastern District of Pennsylvania, June 15, 2021

As previously reported by Asbestos Case Tracker, the plaintiff alleges that the decedent Richard Nybeck developed lung cancer following occupational exposure to asbestos. Defendants Ford Motor Company (Ford) and defendant, Air & Liquid Systems Corporation, as successor by merger to Buffalo Pumps, Inc. (Buffalo) filed motions for summary judgment. The allegations as Ford stem from the decedent’s work during high school at his father’s gas station in Michigan. As to Buffalo, the …

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Electric Motor Defendants Obtain Summary Judgment as Plaintiff Failed to Proffer Sufficient Causation Evidence

U.S. District Court for the Eastern District of Pennsylvania, May 14, 2021

In this asbestos action, the plaintiff alleges that the decedent Richard Nybeck developed lung cancer following occupational exposure to asbestos. Pertinent to the motions for summary judgment, the decedent alleged that he worked with Allen-Bradley electrical motors and starters which were mounted to asbestos-containing phenolic board at the Philadelphia International Airport. In addition, he dismantled A.O. Smith electric motors which contained asbestos-containing phenolic board at the Philadelphia Technical Institute. Both defendants argued that …

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Pump Manufacturer Granted Summary Judgment on Causation Grounds

U.S. District Court for the Western District of Pennsylvania, April 28, 2021

The plaintiff alleged that the decedent, Carl E. Gay, was exposed to asbestos while serving in the United States Navy and the United States Air Force from 1946 to 1958 and 1958 to 1967, respectively; and while employed by General Electric Co. from 1967 to 1974 and Stone and Webster from 1974 to 1989; and from performing Shadetree automotive work beginning in the 1940s. Mr. Gay was deposed over the course of nine …

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Steam Equipment Manufacturer Granted Summary Judgment on Product Identification Grounds

U.S. District Court for the Western District of Pennsylvania, April 28, 2021

The plaintiff alleged that the decedent, Carl E. Gay, was exposed to asbestos while serving in the U.S. Navy and the U.S. Air Force from 1946 to 1958 and 1958 to 1967, respectively; and while employed by General Electric Co. from 1967 to 1974 and Stone and Webster from 1974 to 1989; and from performing Shadetree automotive work beginning in the 1940s. Mr. Gay was deposed over the course of nine days and …

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Court Recommends Denial of Defendants’ Motions to Dismiss Finding Court had Subject Matter Jurisdiction and Personal Jurisdiction

U.S. District Court for the Western District of Pennsylvania, February 11, 2021

The decedent was allegedly exposed to asbestos dust and fibers during his employment with the U.S. Navy and other various employers. He developed mesothelioma in 2018 and died from complications in February 2020. The decedent’s wife brings this lawsuit against various defendants alleging that they engaged in the mining, milling, manufacturing, distributing, supplying, selling and/or using and/or recommending and/or installing and/or removing asbestos materials and other dangerous ingredients and products which caused decedent …

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Plaintiffs Successfully Disclaim Naval Exposure, Divesting Federal Court of Subject Matter Jurisdiction

U.S. District Court for the Western District of Pennsylvania, October 1, 2020

Plaintiffs David Martincic and Merl Williams alleged that Mr. Martincic was diagnosed with mesothelioma as a result of his exposure to asbestos brought home on the clothing, body, and person of several family members who worked at American Cyanamid in Bridgeville, Pennsylvania from 1946 through the 1970s. The plaintiffs filed suit against 173 defendants, including Foster Wheeler, LLC in the Court of Common Pleas of Allegheny County, Pennsylvania. In June 2020, Foster Wheeler …

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