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 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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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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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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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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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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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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Court Grants Defendant’s Motion to Dismiss Cross-Claims Based on Sovereign Immunity Doctrine

In Carey Gomez v. Aardvark Contractors, Inc. et al., the court recently opined regarding a defendant’s motion to dismiss in an asbestos-related action. The plaintiff filed suit in March 2018, alleging asbestos exposure from multiple sources, including his own work as a plumber from 1988 through 2011, as well as secondarily through his father’s employment at the Avondale Shipyards in the 1960s. The plaintiff was diagnosed with mesothelioma, which led to his petition of damages against multiple defendants. Two defendants filed their answers, affirmative …

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Limitations Challenge on Railroad Worker’s FELA Claim Denied

ILLINOIS — The plaintiff Theresa Romcoe filed suit under the Federal Employers’ Liability Act (FELA) against the defendants, Illinois Central Railroad Company and Northeast Illinois Regional Commuter Railroad Corporation dba Metra Rail, alleging that her husband had passed away from esophageal cancer as a result of exposure to asbestos during the course of his employment. Specifically, the decedent had worked in several positions, including as a switchman to conductor from 1974-1984.  The decedent was diagnosed with cancer on September 5, 2013 and passed on November …

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Plaintiff’s General Statements of Defendants’ Alleged Successor Liability Insufficient to Withstand 12(b)(6) Motion

DELAWARE – The plaintiff initially filed her asbestos-related wrongful death lawsuit in New Jersey claiming the decedent Robert Fish suffered exposure to asbestos during his service as a civilian at New York Shipbuilding and Drydock in Camden, NJ. The court noted the plaintiff specifically alleged the decedent’s exposure from Arnot, a joiner contractor who cut paneling around the decedent at New York Shipbuilding and Drydock. Shortly after the plaintiff filed the complaint, the defendants removed the case to the U.S. District Court for the District …

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