California Archives - Asbestos Case Tracker

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Debtor’s Injunction Language to Bar Future Claimants with Latent Injuries Deemed Unenforceable on Appeal

Court: United States Bankruptcy Appellate Panel for the Ninth Circuit

Debtor Ben Nye Co. Inc., a manufacturer and distributer of theatrical makeup, filed for subchapter V bankruptcy in March 2024. Its proposed bar date order and subchapter V plan were each confirmed by the United States Bankruptcy Court for the Central District of California shortly thereafter. The instant appeal followed, as each conformation was appealed by a group of five personal injury law firms and eight asbestos personal injury plaintiffs with lawsuits pending against Ben …

December 13, 2024 California / Remand/Removal

Posted by: Susan R. Allen-Robbins

Plaintiffs Succeed in Motion to Remand Case to State Court

Jurisdiction: United States District Court for the Central District of California

Decedent David L. Dunlavey worked as a pipefitter and steamfitter from 1967 to 2006 — including time spent around 1970 working as a pipefitter for University Mechanical and performing work for National Steel and Shipbuilding Company (NASSCO).

His employment required him to handle asbestos-containing materials and products in the service, maintenance, repair, installation, removal, and disposal of various piping and boilers systems. Decedent was diagnosed with mesothelioma and his estate brought a wrongful death action …

March 21, 2024 California / Damages / Maritime/Admiralty Law

Posted by: Asbestos Case Tracker

Motion to Dismiss Damages under Maritime Law Granted in Part

Jurisdiction: United States District Court for the Central District of California

In this action, the plaintiffs filed suit on behalf of the decedent, William Banks, in Los Angeles County Superior Court and thereafter removed the case to federal court. The plaintiffs pursued survival and wrongful death causes of action based on Banks’ alleged exposure to asbestos while serving in the United States Navy, and subsequent death from epithelial mesothelioma. Banks served as a machinist mate aboard several ships in the U.S. Navy from 1961 to …

October 20, 2023 California / Summary Judgment

Posted by: Elizabeth Lautenbach Adams

Talc Defendant Denied Summary Judgment and Summary Adjudication

Court: Superior Court of California, County of Los Angeles

In this action, defendant Vanderbilt Materials LLC moved for summary judgment of the plaintiffs’ claim that plaintiff Roberto Gonzalez was exposed to asbestos in the defendant’s talc. Ultimately, the court denied the motion.

Under California law, “[a] defendant seeking summary judgment must conclusively negate a necessary element of the plaintiff’s case, or demonstrate that under no hypothesis is there a material issue of fact that requires the process of trial.” In response to a special interrogatory …

September 29, 2023 California / Federal Officer Removal

Posted by: Elizabeth Lautenbach Adams

Plaintiff’s Motion to Remand Case Removed under Federal Officer Removal Statute Denied

In this asbestos action, plaintiff Michael Marcus alleged that he developed mesothelioma from working with or around asbestos-containing products while serving in the United States Navy. The plaintiff brought claims of design defect and failure to warn against numerous defendants. Defendant Greene Tweed removed this case to federal court under the federal officer removal statute. The plaintiffs moved to remand the case to state court.

Under the federal officer removal statute, doubt is construed in favor of removal. A state court case may be removed …

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September 25, 2023 California / Discovery / Summary Judgment

Posted by: Asbestos Case Tracker

Court Issues Final Orders Regarding Various Motions of Automotive Defendants

Jurisdiction: Superior Court of California, County of Los Angeles

Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative summary adjudication, against the plaintiff Samson Bareh’s claims that he was exposed to asbestos from their products. In addition, the defendant, Volkswagen Group of America Inc., filed a motion to compel discovery.

Mercedes-Benz filed a motion for summary adjudication of the strict liability, negligence, and fraud causes of action, as well as the …

September 22, 2023 Adjudication / California / Summary Judgment

Posted by: Kerry L. Jones

Summary Judgment and Adjudication Motions Filed by Three Automotive Product Defendants; Some Granted and Some Denied

Jurisdiction: Superior Court of California, County of Los Angeles

In this asbestos action, three defendants filed motions for summary judgment, and in some cases, in the alternative, motions for summary adjudication, against plaintiff Ronald Carpenter’s claims that he was exposed to asbestos from their products.

First, defendant ZF Active Safety US Inc. argued that plaintiffs had no evidence that Carpenter was exposed to any asbestos-containing parts from ZF Active Safety. Specifically, ZF Active Safety served interrogatories asking plaintiffs to identify people with knowledge that Carpenter was …

August 25, 2023 California / Personal Jurisdiction

Posted by: Elizabeth Lautenbach Adams

Plaintiffs’ Fraud and Loss of Consortium Claims in Shipyard Action Dismissed; Various Other Claims Remain

U.S. District Court for the Southern District of California

In this asbestos action, decedent Dennis Freeman worked as an insulation contractor at shipyards in several states, including California, from approximately 1980 into the mid-1990s. Several defendants moved to dismiss certain claims in the plaintiffs’ complaint, as well as moved to dismiss the plaintiffs’ complaint in its entirety.

Defendant BAE Systems San Diego Ship Repair Inc. (BAE) challenged the court’s subject-matter jurisdiction of this action. However, drawing all reasonable inferences in the plaintiffs’ favor, the court disagreed. …

July 21, 2023 California / Summary Judgment

Posted by: Susan R. Allen-Robbins

Appeals Court Upholds Summary Judgment in Favor of Cooling Tower Manufacturers

Court: Court of Appeals of California, First Appellate District, Division One

Decedent Daniel Ochoa worked as a HVAC technician and pipefitter beginning in the 1970s. His work involved extensive maintenance on cooling towers throughout southern California. He was diagnosed with mesothelioma and commenced this action prior to his passing. His widow Joe Ann Ochoa and Arianna Alyssa Huerta were substituted as plaintiffs. Plaintiffs appealed from a summary judgment entered in favor of defendants Baltimore Aircoil Company (BAC) and SPX Cooling Technologies Inc. (SPX).

At his …

July 21, 2023 California / Lack of Personal Jurisdiction / Motion to Quash

Posted by: Jessica Saad

Product Manufacturer and Supplier’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

Court: Superior Court of California, County of Los Angeles

In this asbestos action, plaintiffs James Manns, David Papworth, Carie Edwards, Shauna Papworth, Jami Hoffman, and Robee Green filed this action alleging Debra Manns developed mesothelioma as a result of exposure to asbestos from Master Industries Worldwide LLC’s products.

In November 2022, plaintiffs dismissed Master Industries Worldwide, LLC and amended their complaint to substitute Master Industries Worldwide LLC as successor-in-interest to Master Industries Inc. On January 11, 2023, defendants Master Industries Worldwide LLC filed a motion to quash service …