Improper Exclusion of Plaintiff’s Affidavit and Testimony Leads to Reversal of Summary Judgment Pennsylvania Superior Court, October 28, 2019

PENNSYLVANIA – The plaintiff, Nicholas Kardos, was diagnosed with mesothelioma in January 2016, and he filed suit against numerous defendants in March of that year. On September 12, 2016, he submitted an affidavit regarding his work at Gulf Research and exposure to asbestos while employed there. He was deposed and cross-examined by numerous defendants over three days in October 2016, and passed away eight days after the last day of testimony. Numerous defendants filed motions for summary judgment. All of the defendants were present at…
Continue reading...

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…
Continue reading...

Asbestos Multidistrict Litigation Judge Rejects Pre-Daimler Third Circuit Authority Finding Personal Jurisdiction Based on Registration as a Foreign Corporation U.S. District Court E.D. of Pennsylvania, June 6, 2019

PENNSYLVANIA – In Re Asbestos Products Liability Litigation, Jackie Sullivan, Executrix of the Estate of John L. Sullivan v. A.W. Chesterton, Inc., et al., the Asbestos multidistrict litigation court recently ruled on a motion to dismiss filed by a defendant. The court granted the motion as it concluded that the court lacked personal jurisdiction over the defendant. The court analyzed the 2014 Daimler AG v. Bauman, decision, which brought about a sea change in the jurisprudence of exercising general personal jurisdiction over a foreign…
Continue reading...

Outcome of Instant Matter Would Not Impact Non-Party Talc Supplier’s Pending Bankruptcy Estate, Remand Ordered United States District Court, W.D. Pennsylvania, May 30, 2019

PENNSYLVANIA – The defendant Johnson & Johnson (J&J), in a topic that has been extensively covered by the Asbestos Case Tracker, indicated in its notice of removal that this case is one of many in the United States which involve claims concerning personal injuries and deaths allegedly caused by J&J’s cosmetic talc. J&J’s motion further indicates that the “sole supplier” of the talc which the defendant used in its product, filed for bankruptcy under Chapter 11. The plaintiffs’ complaint is similar to those filed by…
Continue reading...

Court Reverses Grant of Summary Judgment for Two Fire Door Manufacturers Superior Court of Pennsylvania, May 22, 2019

PENNSYLVANIA – In Lamson v. Georgia-Pacific LLC f/k/a Georgia Pacific Corporation, Individually and as Successor-in-Interest to Bestwall Gypsum Company, et al., the Superior Court of Pennsylvania recently reviewed the plaintiff’s (appellant) appeal from an order granting summary judgment to two defendants (appellees) in the case. The trial court had concluded that the appellant failed to demonstrate that he was exposed to asbestos from fire doors manufactured by the appellees. The superior court, held that the appellant submitted sufficient evidence to create a genuine issue…
Continue reading...

Estate’s Claims of Exposure from Steam Pipes That Were Not Connected to a Locomotive Survive Preemption Challenge U.S. District Court for the Eastern District of Pennsylvania, April 5, 2019

PENNSYLVANIA — The plaintiff’s decedent worked in Texas as an electrician from 1945 until 1989, and alleged exposure to asbestos from insulation that was incorporated into passenger railcars manufactured by Defendants from 1945 until the mid to late 1970s. Specifically, the plaintiff alleged that asbestos exposure from pipe insulation and “arc chute” insulation in the passenger cars manufactured by the defendants was a cause of decedent’s mesothelioma and subsequent death. The railroad manufacturing defendants moved for summary judgement under the theory that the plaintiff’s claims…
Continue reading...

Summary Judgment Motions Denied for Four Defendants in Two Maritime Cases Filed by Same Plaintiff U.S. District Court for the Eastern District of Pennsylvania, February 14, 2019

PENNSYLVANIA — Shortly before his death, Obediah Walker, Jr., filed an action in Pennsylvania state court alleging he was exposed to asbestos while serving on the USS Plymouth Rock while enlisted in the Navy from 1969 to 1971. He served as an electrician onboard the Plymouth Rock and was later diagnosed with lung cancer. He was deposed six days after filing suit and was only cross-examined by one defendant before he passed. The defendants Ingersoll-Rand, Warren Pumps and Blackmer Pumps did not cross-examine Walker. Obediah…
Continue reading...

Preclusion of Plaintiff Experts Leads to Defense Win in First Philly Talc Trial Philadelphia County Court of Common Pleas, February 8, 2019

PENNSYLVANIA – The plaintiff Charles Brandt (plaintiff), on behalf of the decedent Sally Brandt (decedent), commenced an asbestos-related action against, among other defendants, Colgate-Palmolive Company (Colgate), alleging that the decedent’s use of Colgate’s Cashmere Bouquet talcum powder exposed the decedent to asbestos, resulting in her mesothelioma diagnosis. Following a Frye hearing, the Philadelphia County Court of Common Pleas precluded the expert opinions of the plaintiff’s geologist and pathologist, finding numerous methodological flaws in their research claiming asbestos was found in Cashmere Bouquet talcum powder. Colgate…
Continue reading...

In Talc case, Motion to Dismiss Denied Based on Business Registration; Case Not Remanded to State Court U.S. District Court E.D. Pennsylvania, January 16, 2019

PENNSYLVANIA -The plaintiffs filed suit in the Philadelphia Court of Common Pleas against Imerys and Johnson & Johnson, alleging that the plaintiff Carrie Youse’s use of cosmetic talcum powder caused her to develop mesothelioma. Imerys filed a notice of removal, including within the notice J&J’s consent. Soon thereafter, Imerys filed a Motion to Dismiss for lack of jurisdiction which was rendered moot by the plaintiffs filing an amended complaint. In the amended complaint, the plaintiffs added a claim against Walmart. The plaintiffs subsequently moved to…
Continue reading...

Insured’s Asbestos Claims Considered Multiple Occurrences But With Aggregate Limits U.S. District Court, W.D. Pennsylvania, December 27, 2018

PENNSYLVANIA – The plaintiff Ohio Valley Insulating Company (OVI) filed a motion for partial summary judgment and the defendants Continental Insurance Company, Zurich American Insurance Company, and Granite State Insurance Company (collectively, Insurers) cross-moved for summary judgment. The court granted and denied in part both motions. With regard to the first legal issue addressed by the Western District of Pennsylvania, OVI sought a declaration that various asbestos-related suits filed against it were based on multiple occurrences related to OVI’s “operations” (installation and removal of asbestos-containing…
Continue reading...