Category: Pleadings Challenge

California / Pleadings Challenge
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Auto Trade Association Successfully Challenges Plaintiff’s Claims of Specific Personal Jurisdiction

CALIFORNIA — The plaintiff Thomas Toy filed suit against several defendants including National Automotive Parts Association (NAPA) alleging that he developed mesothelioma from the use of its asbestos containing products while maintaining vehicles. NAPA moved to dismiss the matter for lack of personal jurisdiction. The plaintiff opposed the motion arguing that the court had specific jurisdiction under the “stream of commerce theory” or NAPA’s “efforts to serve directly or indirectly the market for asbestos containing products in this State.” Both parties agreed that the court …

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Ohio / Personal Jurisdiction / Pleadings Challenge
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Orders Dismissing Merchant Mariners’ Claims for Lack of Personal Jurisdiction Reversed After Finding of Waiver

OHIO — The appeals for this matter stem from the dismissal of claims filed in the Northern District of Ohio. In 1989 several ship owner defendants moved to dismiss a multitude of merchant mariner claims suits for lack of personal jurisdiction. In sum, the defendants argued that the merchant mariners’ claims for nationwide jurisdiction were invalid. The court found a lack of personal jurisdiction but denied the motions to dismiss and indicated that the court would transfer the cases to the Eastern District of Pennsylvania …

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Case Decisions / Pleadings Challenge / Wisconsin
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Workers’ Compensation Exclusivity Provision Leads to Dismissal of Construction Worker’s Complaint

WISCONSIN — Plaintiff Johnson Carter filed suit against Henry Carlson’s Construction Company (HCCC) alleging he suffered “a variety of severe medical symptoms” after exposure to asbestos while working for HCCC as a temporary construction worker. Specifically, he claimed that he was exposed to asbestos during a demolition of a hospital in the late 1980s. He could not recall the name of the temporary agency or hospital, but stated that he was provided a dust mask for the tear-out work. HCCC moved to dismiss the complaint …

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Pleadings Challenge
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Denial of Motion to Add Additional Defendants Found to be Dispensable Upheld

COLORADO — The plaintiff filed suit against several defendants alleging exposure to asbestos caused their development of mesothelioma. As for the plaintiff Mestas, he alleged exposure to asbestos from the work clothes of his father from 1953-1974. He also alleged direct exposure to asbestos while working on personal vehicles from 1968-1992. The plaintiff Muse sought damages for loss of consortium. General Electric removed the case based on diversity. The plaintiffs sought leave to file an amended complaint arguing that they needed to add four additional …

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Pleadings Challenge
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Balance of Justice a Factor in Court’s Granting of Motion for Leave to Add Gasket Defendant

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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New Jersey / Other Asbestos News / Pleadings Challenge
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Multiple Actions Dismissed Against Brake Manufacturer Due to Forum Non Conveniens

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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New York / Other Asbestos News / Pleadings Challenge
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Talc Meso Case Remanded After Fraudulent Joinder Theory Fails

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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Alabama / Personal Jurisdiction / Pleadings Challenge
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Lack of Personal Jurisdiction Leads to Dismissal for Talc Defendants in Meso Matter

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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Louisiana / Other Asbestos News / Pleadings Challenge
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Trial Postponed In Mesothelioma Case To Allow Discovery on Premises and Employer Liability Claims

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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Other Asbestos News / Pleadings Challenge
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Personal Jurisdiction Motion By Telecom Employer and Auto Company Denied; Case Dismissed Due to Pleading Deficiencies

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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