Category: California

Mesothelioma
California / Motion to Quash
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Court Grants Plaintiffs Opportunity to Identify Brake Brand before Ruling on Motion to Quash

Court: Superior Court of California, County of Los Angeles

Plaintiffs Samson Bareh and Gen Bareh filed this matter, alleging Samson developed mesothelioma from exposure to asbestos. Defendant Aftermarket Auto Parts Alliance Inc. filed the within motion to quash service of summons for lack of personal jurisdiction.

The plaintiff had made no specific allegations against Aftermarket, and the complaint alleged nothing about Aftermarket, except to name it as a defendant.

A defendant may move to quash service of summons on the ground of lack of jurisdiction of …

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Mesothelioma
California / Summary Judgment
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Maritime Defendants’ Motions for Summary Judgment under Government Contractor Defense Denied

Court: United States District Court for the Northern District of California

This asbestos-related lawsuit alleges that the decedent, Roberto Elorreaga, developed mesothelioma from exposure to asbestos-containing products while working aboard the USS Rupertus (DD-851) from October 1959 to January 1960 as a machinist mate, and the USS Cowell (DD-547) from October 1960 until February 1963 as a fireman’s apprentice and then as an electrician’s mate.

Several defendants moved for summary judgment, arguing that the Government Contractor Defense precluded the plaintiffs’ claims.  Plaintiffs opposed the motions arguing …

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Wooden judge gavel, close-up view.
California / Remand/Removal
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Case Remanded to California State Court; Plaintiff Awarded Motion Costs and Fees

Court: United States District Court for the Northern District of California

In this asbestos action, plaintiff Gary Haeck sued several defendants for causes of action in strict products liability, negligence, fraud, and loss of consortium, including five entities that are California citizens.

Haeck moved for an expedited trial, which the court granted for December 2022. Defendant 3M moved to quash, or sever, the trial date as to them. The court severed two defendants, including 3M, from the December 2022 trial date and set a trial …

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Mesothelioma
California / Expert Testimony / Summary Judgment
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Valve Defendants Obtain Summary Judgment Due to Lack of Causation Evidence

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

In this action, the plaintiffs alleged that the decedent, John Carpenter, contracted and died from mesothelioma due to exposure to asbestos, which occurred in part during his service in the Navy. Before the court are two motions: defendant Nibco Inc.’s motion for summary judgment or in the alternative summary adjudication (the “Nibco Motion”); and defendant Asco Valve Inc.’s (“Asco”) motion for summary judgment (the “Asco Motion”).

Four of the decedent’s coworkers testified about the …

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person testifying
California / Summary Judgment
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Valve Defendants Obtain Summary Judgment on Causation

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

In this asbestos action, decedent John Carpenter worked as a marine machinist at the Long Beach Naval Shipyard from 1973 until 1984, when he became a mechanical engineering technician. Four of his co-workers testified as to his activities while at the shipyard, as Carpenter passed before he could be deposed. Two valve defendants, Nibco and Asco, moved for summary judgment, which the plaintiffs opposed.

With regard to the exposure evidence in this case, two co-workers testified …

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Mesothelioma
California / Summary Judgment
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Retail Distributer’s Motion for Summary Judgment on Product-Identification Grounds Denied

Superior Court of California, County of Sacramento, November 9, 2022

In this asbestos matter, the plaintiffs alleged that the decedent, Gail Chandler, developed mesothelioma as a result of exposure to asbestos-containing products. The plaintiffs alleged that the defendant, Parts Warehouse, a retail distributer, sold asbestos-containing parts to the decedent and/or the decedent’s employer, and that these parts caused the decedent to be exposed to asbestos. The plaintiffs further argued that Parts Warehouse also had liability for parts obtained through its alternative entity; Lamus-Lundlee Co. Parts …

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Judge chamber with gavel
California / Personal Jurisdiction
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Brake Manufacturer’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

Superior Court of California, County of Los Angeles, October 6, 2022

In this asbestos action, Plaintiff George Sweikart alleged that his mesothelioma resulted from exposure to asbestos-containing products, including brakes and clutches from defendant Akebono Brake Industry Co., Ltd. (“Akebono”). Akebono, a Japanese company, filed a motion to dismiss for lack of personal jurisdiction, alleging that no personal jurisdiction exists over it in California.  

A non-resident defendant is subject to a state’s general jurisdiction if its contacts “are so continuous and systematic, as to render …

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Mesothelioma
California / Motion to Strike
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Defendants Successful on Motion to Strike Plaintiff’s Expert’s Specific Causation Opinion 

United States District Court for the Northern District of California, July 11, 2022

Plaintiff, Frank Shelton, filed an asbestos-related lawsuit alleging his exposure to asbestos from various defendants’ products while he served in the Navy from approximately the mid-1960s to the early 1970s caused him to contract mesothelioma. During his service, plaintiff worked as a machinist mate while stationed aboard the USS Constellation, USS Repose, and USS Haleakala, where he regularly and routinely performed maintenance and repairs to various equipment in the …

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Asbestos Litigation Analysis / California / Legislative Updates / Other Asbestos News
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Alameda County Awaits Key Decision Regarding The Use of Genetic Testing in Asbestos Cases

Alameda County Superior Court Judge Jo-Lynne Q. Lee set a hearing on nationally recognized plaintiff’s firm Maune Raichle French Hartley & Mudd. LLC’s motion for protective order in a pending asbestos case in which the defendants’ experts wanted to perform genetic testing. The case is John Lohmann and Suzanne Lohmann v. Aaon, Inc., et al. Alameda County Superior Court Case No. RG21098862. In this case, the plaintiffs filed their action in May 2021 in Alameda County against several defendants alleging that Mr. Lohmann contracted mesothelioma …

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Appeal / California
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Jury Verdict Overturned: “Mere Possibility” of Exposure to a Product Insufficient to Meet Plaintiff’s Burden

Court of Appeal of California, First Appellate District, Division One, November 30, 2021

The plaintiff, Amos Webb, was diagnosed with mesothelioma in 2018, and filed suit againstnumerous defendants, including General Cable Corporation, alleging that he was exposed to asbestos while working as an electrician for various employers throughout his career. Specifically, during his discovery deposition, Mr. Webb testified that he worked “quite frequently” with a product known as “Romex wire.” Romex was a popular brand of cable used for interior wiring, and General Cable acquired …

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