Federal Court Precludes Plaintiff Aircraft Expert Under Daubert and Grants Summary Judgment U.S. District Court Central District of California April 2, 2015

In this case, the plaintiffs pursued an action claiming that the  decedent, while working as an aircraft electrician for the U.S. Air Force between 1952 and 1961, was exposed to various electrical component parts. Several electrical component part defendants moved for summary judgment claiming that the plaintiffs did not meet the threshold exposure standard under California law. In opposing the motion, the plaintiffs relied on the expert testimony of Mark Thomson, an experienced pilot and civilian aviation mechanic and custodian of one of the world’s…
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Plaintiffs’ Complaint Dismissed for Failure to Plead Circumstances of Asbestos Exposure That Justify Defendants’ Potential Liability U.S. District Court, Northern District of California, March 5, 2015

In this California federal court case, plaintiffs Billy and Diana Jeffrey commenced an action generally claiming Mr. Jeffrey had asbestos exposure at numerous worksites spanning from 1962 to 1976. Several defendants moved to dismiss the complaint for failure to state a cause of action on the grounds that the plaintiffs’ complaint merely listed jobsites and dates and generally alleged that the defendants supplied, installed, or maintained asbestos-containing products where Mr. Jeffrey worked. The court granted the motions to dismiss, with leave to amend, holding: “Mr.…
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California Applies Higher Texas Standard on Causation and Dismisses Asbestos Case California Court of Appeals, February 10, 2015

In this California state case, the plaintiff, a Texas resident, claimed asbestos exposure in both California and Texas, although the particular claimed exposure against certain defendants was in Texas. These defendants moved for summary judgment, claiming that under Texas law, the plaintiff was unable to meet the legal standard of causation. Both the lower and appellate courts in California, under choice of law principles, ruled that Texas law applied and, under the higher causation standard in Texas, granted summary judgment. With respect to Texas law…
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