Balance of Justice a Factor in Court’s Granting of Motion for Leave to Add Gasket Defendant U.S. District Court, W.D., Washington at Tacoma, March 11, 2019

WASHINGTON — The plaintiff filed suit against numerous defendants alleging his decedent was exposed to asbestos for which the defendants were liable. The plaintiff sought leave of court to amend the pleadings three times. The instant request to add the defendant DCo LLC was made after the case was removed. The paintiff contends that not adding DCo LLC was an oversight until a family friend testified that he believed that the plaintiff had a box of Victor gaskets in his garage. The plaintiff also believed…
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Multiple Actions Dismissed Against Brake Manufacturer Due to Forum Non Conveniens Superior Court of New Jersey, Appellate Division, March 05, 2019

NEW JERSEY — Multiple deceased plaintiffs brought actions against Honeywell alleging they contracted mesothelioma as a result of exposure to asbestos from Bendix brakes while working as mechanics in the United Kingdom. The plaintiffs filed in New Jersey despite the alleged exposure oversees. Honeywell moved for dismissal based on the doctrine of forum non conveniens after discovery was conducted. Judge Cantor granted dismissal in the majority of the cases and Judge Viscomi also granted dismissal in the remaining case. The plaintiffs appealed arguing abuse of…
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Talc Meso Case Remanded After Fraudulent Joinder Theory Fails U.S. District Court, S.D. New York, February 26, 2019

NEW YORK — The plaintiff Laura Shanahan sued Kolmar Laboratories, Inc. (Kolmar), Johnson & Johnson (J&J), and seven other defendants in state court in New York, alleging that her use of their asbestos-containing talc products led to the development of mesothelioma. While the plaintiff and Kolmar were both residents of New York, J&J nonetheless removed the matter to federal court and invoked the doctrine of fraudulent joinder to establish diversity jurisdiction. J&J argued that the plaintiff failed to plead specific facts showing what role Kolmar…
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Lack of Personal Jurisdiction Leads to Dismissal for Talc Defendants in Meso Matter U.S. District Court, N.D. Alabama, Southern Division, February 25, 2019

ALABAMA — The plaintiff Billie Smith filed suit against the defendants alleging she developed mesothelioma from the use of talcum powder on herself and son from the 1950’s through 2015. The defendants included Cyprus Amax Minerals Company (Amax), Cyprus Mines Corporation (Cyprus), Imerys Tac America Inc. (Imerys) and Johnson and Johnson (J and J). The defendants moved for dismissal based on lack of jurisdiction. In addition to allegations of negligence, wantoness and breach of warranty, the plaintiff claimed that the Imerys defendants (Amax, Cyprus and…
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Trial Postponed In Mesothelioma Case To Allow Discovery on Premises and Employer Liability Claims U.S. District Court, E.D. Louisiana February 20, 2019

LOUISIANA — The plaintiff Victor Michel alleged that he developed peritoneal mesothelioma from exposure to asbestos in his work as a mechanic performing work on engines and brakes. Ford Motor Company is the only remaining defendant in this matter. The court ruled on motions by the plaintiff and Ford, and ultimately continued the trial. After learning that Ford may have owned the dealership at which the plaintiff worked, the plaintiff moved the court to amend their complaint to add premises claims, employer liability claims, and…
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Personal Jurisdiction Motion By Telecom Employer and Auto Company Denied; Case Dismissed Due to Pleading Deficiencies U.S. District Court for the Middle District of Pennsylvania February 20, 2019

PENNSYLVANIA — Yesterday, a federal judge disagreed with the defendants, Ford Motor Company and AT&T, that the court lacked jurisdiction over the companies, but determined that the plaintiff Rhonda J. Gorton’s pleadings were deficient nonetheless. Ms. Gorton sued Ford, AT&T, and several other parties alleging that they exposed her late husband Thomas Gorton to asbestos, causing his mesothelioma. The court found that Gorton’s amended complaint set forth only conclusory allegations against Ford, and lacked any facts that demonstrated potential liability. They further determined that the…
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Plaintiff’s Motion for Entry of Final Judgment Denied in Wake of Appeal United States District Court, W.D. Washington. January 08, 2019

WASHINGTON — In the ongoing Leslie Jack litigation previously reported by Asbestos Case Tracker, the plaintiff’s Motion for Entry of Final Judgment in favor of Union Pacific Railroad (Union) was recently denied. The plaintiff moved for entry after Union’s motion for summary judgment was granted by the court and after a mistrial against remaining defendants DCo and Ford was declared. The plaintiff argued that entry of final judgment would lead to judicial economy predicated on the theory that if the plaintiff prevailed on its appeal…
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Third Party Distribution of Talc Products in Florida Ruled Insufficient to Confer Personal Jurisdiction Over Talc Supplier Fourth District Court of Appeal of Florida, December 19, 2018

FLORIDA — A divided Florida Appellate Court granted a motion to dismiss based on a lack of personal jurisdiction over a cosmetic talc supplier, Imerys Talc America, (Imerys). See Imerys Talc Am., Inc. v. Ricketts, No. 4D17-3815, 2018 WL 6719406 (Fla. Dist. Ct. App. Dec. 19, 2018). In opposition to the motion, Plaintiff argued that under the stream-of-commerce doctrine Imerys was subject to specific personal jurisdiction based on its out-of-state sales to a downstream manufacturer, who later distributed their talc containing cosmetic products in…
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Set Aside of Default Judgment Against Insurer Affirmed on Grounds of Equity Court of Appeal, First District, Division 5, California, December 11, 2018

CALIFORNIA — Several plaintiffs consolidated suit against multiple defendants including Associated Insulation of California (Associated) alleging exposure to asbestos for which the defendants were liable. Associated did not file a response to the complaint. Accordingly, the plaintiffs moved for default judgments in 2013 and again in 2015. The default judgments varied in amounts from $350,000 to $1,960,458. A notice of default had been served upon Associated but not its insurer, Fireman’s Fund (Fireman). Fireman shortly thereafter located policies indicating potential coverage and moved to set…
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Market-Share Cause of Action Against Automotive Parts Manufacturer Dismissed Without Prejudice to Amend Complaint United States District Court, For the Northern District of California. December 6, 2018

The laintiff Gary Farris, brought suit against multiple product manufacturers and distributors alleging that his diagnoses of lung cancer and asbestosis were causally related to asbestos exposure he sustained while 1) working on brakes and clutches in an automotive shop during the summers from 1960 to 1964 and shadetree automotive repairs from the 1960s to 1980s; 2) serving in the United States Navy from 1964 to 1967; and 3) servicing photocopiers from 1967 to 1989. In support of his claims, Farris raised a fifth cause…
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