Mesothelioma

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 …

Continue Reading
person testifying

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 …

Continue Reading
Mesothelioma

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 …

Continue Reading
Judge chamber with gavel

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 …

Continue Reading
Mesothelioma

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 …

Continue Reading

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 …

Continue Reading

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 …

Continue Reading

Court Finds Plaintiff’s Affidavit Establishes Specific Jurisdiction

U.S. District Court for the Central District of California, September 9, 2021

Plaintiff Dennis A. Rockwell filed an asbestos action alleging he was exposed to asbestos from his work on two U.S. Navy ships and during his employment at Camp Pendleton, located in California.He alleged that such asbestos exposure ultimately resulted in his February 2021 diagnosis of mesothelioma.

Defendant Akron Brass Company moved to dismiss the case for lack of personal jurisdiction citing the plaintiff’s failure to provide facts connecting Akron Bass to California. …

Continue Reading

$4.4 Million Verdict Affirmed in Asbestos Bowling Ball Trial

California Court of Appeal, Second District, Division 8

The decedent, Donald Vanni, and his brother co-owned and operated Arcata Bowl bowling alley in California from 1957 to 1986. During this time, one of the decedent’s duties was to drill custom-fit finger holes in asbestos-containing bowling balls sold by Arcata Bowl. A press release issued by the Vanni family’s legal team stated, in part: “Asbestos, used as a filler in plastic Ebonite bowling balls, was supplied by Honeywell [International Inc.] in the form of discarded brake …

Continue Reading

Defendant’s Motion to Dismiss Granted as Specific Jurisdiction Not Established

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

In this asbestos action, plaintiff Frank Shelton alleged exposure to asbestos while serving in the U.S. Navy from the mid-1960s until the early 1970s. Defendant Superior Lidgerwood Mundy Corporation filed a motion to dismiss this matter, contending that the court did not have general or specific jurisdiction over the defendant. In support of its motion, the defendant submitted a declaration from its vice president and chief financial officer, setting forth that:

[Defendant] is not headquartered in …

Continue Reading