Category: Pleadings Challenge

Pennsylvania / Pleadings Challenge
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Denial of Rail Defendant’s Forum Non Conveniens Motion Reversed on Appeal

Superior Court of Pennsylvania, December 21, 2021

The plaintiff filed a complaint against CSX Transportation, Inc. (CSXT) pursuant to the Federal Employers’ Liability Act alleging that his employment-based exposure to asbestos, diesel exhaust/fumes, and second-hand smoke either caused or contributed to the development of his colon cancer. The plaintiff worked for CSXT and its predecessors as a train brakeman and conductor beginning in 1974.

CSXT is a Virginia corporation that is headquartered in Florida. The plaintiff is a Maryland resident and worked for CSXT and …

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Georgia / Pleadings Challenge
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Appeals Court Affirms Estate Plaintiff’s Right to Refile Loss of Consortium and Wrongful Death Claims

Court of Appeals of Georgia, First Division, June 25, 2021

Alleging that he contracted malignant pleural mesothelioma due to his workplace exposure to asbestos, Charles Brannan and his wife, Louise Brannan, filed a complaint for damages against several defendants in 2015. The plaintiffs asserted claims for negligence, product liability, and loss of consortium. Later that year, Charles Brannan passed away, and one of the defendants filed a notice of suggestion of death. Two months later, his wife, Louise, was appointed as the executor of the …

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Kentucky / Pleadings Challenge
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Plaintiffs’ Motion to Sever Brake Defendant’s Third-Party Complaint Denied

U.S. District the court for the Western District of Kentucky, April 2, 2021

Plaintiff Jack Papineau and his wife sued manufacturers of products that allegedly contained asbestos following Mr. Papineau’s mesothelioma diagnosis. Remaining defendant Brake Supply sued three other manufacturers of products that Brake Supply claims are liable for some or all damages that the court may award the plaintiffs on theories of common-law indemnification and statutory apportionment. The plaintiffs, fearing that the third-party defendants will complicate and slow the plaintiffs’ case against Brake Supply, …

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Pleadings Challenge / Summary Judgment
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Motion for Summary Judgment Denied for Fireproofing Contractor at World Trade Center

Supreme Court of New York, New York County

The plaintiff alleged that Arthur Shanahan (the decedent) was exposed to asbestos while employed as a carpenter at various commercial, residential, and industrial sites in Manhattan from approximately 1982 to 2016. During this time, the decedent worked at the World Trade Center framing walls where it is alleged he removed asbestos-containing fireproofing spray that had been previously applied on the ceilings. He removed the fireproofing spray with a claw hammer and then swept the dust off the …

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Louisiana / Pleadings Challenge
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Louisiana District Court Denies Motion for a More Definite Statement in Negligence Case Against Premises Owner in Third-Party Exposure Case

U.S. District Court for the Eastern District of Louisiana

The U.S. States District Court for the Eastern District of Louisiana issued another decision in the Hernandez v. Huntington Ingalls matter, involving claims of negligence against a premises owner on behalf of a third-party. As previously reported here, the plaintiff, Jesse Hernandez, alleged he was exposed to asbestos from, among other things, working at a family grocery store and deli from 1957 to 1966, where plant workers from a nearby Allied Chemical plant frequented for …

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Mesothelioma
Kentucky / Motion to Dismiss / Personal Jurisdiction / Pleadings Challenge
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Court Denies Third Party Defendant’s Motion to Dismiss and Orders Jurisdictional Discovery

U.S. District Court for the Western District of Kentucky

In Jack Papineau and Holly Papineau v. Brake Supply Company, Inc., et al., the court recently denied a third-party defendant’s motion to dismiss a third-party complaint without prejudice. Plaintiff Jack Papineau alleged he developed malignant mesothelioma from exposure to asbestos from his employment at Smith Coal, and sued four defendants including Brake Supply.

Brake Supply then filed a third party action against Fras-le S.A. Fras-Le North for common law indemnity and apportionment under K.R.S. § …

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Maritime/Admiralty Law / Pleadings Challenge
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Finding of Admiralty Jurisdiction Leads to Denial of Gasket Defendant’s Motion to Dismiss

U.S. District for the Eastern District of Virginia

This is a follow up to Asbestos Case Tracker’s recent post on this matter. Plaintiff Herbert Mullinex alleged he developed mesothelioma as a result of exposure to asbestos while working as a machinist mate in the U.S. Navy from 1969-89. The plaintiff worked aboard multiple ships docked in Norfolk, Virginia and others around the world. Defendant John Crane (JCI) removed the case to federal court based on government contractor defense. JCI then moved to dismiss the …

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Motion to Amend / Pleadings Challenge
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Pennsylvania District Court Grants in Part Motion to File Amended Complaint

United States District Court, M.D. Pennsylvania, April 1, 2020 .

Plaintiff, Rhonda Gorton, filed this asbestos-related lawsuit in Pennsylvania on behalf of her husband, Thomas Gorton (“Decedent”).  Mrs. Gorton’s Complaint alleged Decedent suffered and died from mesothelioma as a result of his exposure to asbestos from his work as a service technician for AT&T Inc. and AT&T Communications, Inc. in Ohio from 1986 to 1988, among other things.  Specifically, she alleged that Decedent was exposed to asbestos-containing bags or pillows “believed to be manufactured by …

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Louisiana / Pleadings Challenge / Remand/Removal
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Case Remanded as Res Judicata Bars Plaintiffs’ Survival Action

LOUISIANA – In 1982, Gistarve Joseph, Sr. filed suit against Avondale Industries, Inc., its executive officers, and their insurers seeking damages for occupational exposure to asbestos during his employment with Avondale between 1969 and 1982. He alleged that his exposure caused him to contract pneumoconiosis. In November 1985, Joseph settled his claims against Avondale executing a Restrictive Release and Discharge with Indemnification Agreement, which released Avondale, its executive officers, and their insurers:

“from any and all liability, claims, demands, liens, remedies, debts, rights, actions and …

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Federal Officer Jurisdiction / Louisiana / Pleadings Challenge
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Plaintiffs’ Motion for Leave to File Second Supplemental & Amended Complaint Granted

LOUISIANA – The plaintiff, Victor Michel, filed suit in Louisiana State Civil Court against 29 defendants on July 28, 2017. Specifically, the plaintiff sought damages from the defendant, Ford Motor Company, as an asbestos miner, manufacturer, seller, supplier, or distributor. In his complaint, the plaintiff alleged that between 1968 and 1969, he worked as a mechanic at Crescent Ford in New Orleans, Louisiana where he conducted routine maintenance on vehicles, including changing brakes and clutches and overhauling engines. The plaintiff also alleged employer and premises …

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