Category: California

California / Case Decisions / Summary Judgment
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Wrongful Death Claims Barred by Res Judicata from Prior Loss of Consortium Case

In this wrongful death case, plaintiff Janet Stewart appealed the grant of summary judgment to Union Carbide that her loss of consortium claim was barred by res judicata. The plaintiff also argued a miscarriage of justice in the setoff of her deceased husband’s settlement with two asbestos bankruptcy trusts against her entire economic damage award. The court affirmed both rulings.

Larry Stewart worked as a plumber from 1968-2007 when he was diagnosed with mesothelioma. He and his wife filed a personal injury lawsuit (Stewart I). …

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California / Case Decisions / Pleadings Challenge
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California Government Claims Act Bars Plaintiffs’ Asbestos Action for Untimely Commencement

Plaintiffs Sandra Reyes Jauregui and Mario Reyes Jauregui filed a first amended complaint against the City of Pasadena arising from Sandra Jauregui’s mesothelioma. The City demurred to the complaint, arguing that the plaintiffs failed to comply with the Government Claims Act, requiring presentation of the claim to the City within six months of the date of Sandra’s mesothelioma diagnosis. The court agreed and issued a writ sustaining the demurrer.

The plaintiffs originally filed a complaint against various defendants due to her father’s asbestos exposure while …

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California / Case Decisions / Remand/Removal
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Denial of Remand Based on Government Directed Actions of Airplane Manufacturing Process

The plaintiff filed a motion to remand for lack of subject matter jurisdiction in the United States District Court in the Northern District of California. The plaintiff, Joseph Thrash, alleged he was diagnosed with mesothelioma in September 2016, and was exposed to asbestos while he worked on B-52, C-141, and C-5 airplanes in the United States Air Force from 1975 through the 1980s and while doing automotive work at various locations. The defendant, The Boeing Company, removed the case to federal court; shortly thereafter, defendants …

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California / Case Decisions / Summary Judgment
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Insulation Supplier Contracting with U.S. Navy Protected by Government Contractor Defense

Jay Wanlass filed suit against Metalclad Insulation Corp. (Metalclad) based on alleged exposure to friable asbestos. Metalclad moved for summary judgment, which the trial court granted. The plaintiff appealed that decision to the First District Court of Appeal for Division 2 in California.

In 1968, Metalclad entered into an agreement with the United States Navy to supply insulation for piping on four nuclear-powered submarines. Those submarines were all constructed at Mare Island Naval Shipyard in Vallejo, California. The plaintiff alleged he was exposed to asbestos …

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California / Case Decisions / Summary Judgment
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Plaintiff’s Assertion of the Mere Possibility of Exposure Insufficient to Create a Triable Issue of Fact for Summary Judgment

The plaintiff filed suit against multiple defendants, including Moore Drydock, alleging he developed mesothelioma as a result of his work onboard the USS Carter Hall. The plaintiff further alleged that defendant Moore Drydock built the USS Carter Hall. Specific sources of exposures alleged by the plaintiff included gaskets, packing, and pipe insulation.

The defendant moved for summary judgment, arguing that no issue of fact existed. The plaintiff opposed and took the position that the declaration of its insulation expert, Charles Ay, offered the fact that …

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California / Case Decisions / Federal Officer Removal / Remand/Removal
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Plaintiffs’ Motion for Remand Granted After Defendant Removes on Federal Officer; Sanctions Denied

The plaintiffs filed this action against multiple defendants including Foster Wheeler for Mr. Hukkanen’s alleged development of mesothelioma after serving as a machinist onboard the USS Somers and USS Walke from 1960 through 1968.

Foster Wheeler removed the case, arguing that it was acting under an officer or agency of the United States. Foster Wheeler quickly moved for remand claiming that the court lacked subject matter jurisdiction because the plaintiffs specifically waived claims sounded in military contractors immunity defense. Foster Wheeler took the position that …

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California / Case Decisions
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$3.5 Million Punitive Damages Upheld Against Brake Manufacturer on Appeal

James Phillips was diagnosed with mesothelioma in March of 2012 and died in February of 2013. In May of 2012, Phillips and his wife, Charity Phillips, filed a complaint seeking damages for personal injuries caused by asbestos in the Superior Court of Fresno County, California. In May 2013, after Phillips’s death, Charity, individually and as the personal representative of his estate, filed a first amended complaint alleging negligence and strict liability. The first amended complaint named more than 25 defendants engaged in the manufacture or …

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California / Case Decisions / Summary Judgment
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Lack of Factual Basis for Plaintiffs’ Assertion of Causation Yields Grant of Summary Judgment

After the decedent died of mesothelioma, her husband and adult son filed a wrongful death and survivorship complaint against numerous defendants. W.W. Henry Company, predecessor to the Henry Company (who was also named and not a party to this motion) filed a motion for summary judgment based upon lack of exposure. The appellate court affirmed the trial court’s granting of this motion.

The plaintiffs alleged exposure to asbestos from the early 1970s-early 1980s during the decedent’s work as an art teacher and sculptor, and from …

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California / Case Decisions / Punitive Damages / Significant Verdicts / Verdict Reduction
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California Appellate Court Reverses $3.6M Punitive Damages Award

In November 2005, after William Saller was diagnosed with mesothelioma, the plaintiffs filed suit naming 22 defendants, including the manufacturers of various asbestos products. After Saller passed away in February 2006, his wife and daughters added a wrongful death claim and continued the lawsuit.

In 2007, the plaintiffs proceeded to trial against two remaining defendants: Crown Cork and Bondex International, Inc. The jury returned a defense verdict, rejecting the plaintiffs’ strict liability design defect claim and their negligent failure-to-warn claim. The plaintiffs appealed and the …

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California / Case Decisions / Summary Judgment
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Automotive Parts Manufacturers Granted Summary Judgment in Secondary Exposure Case

The plaintiff sued various automotive parts manufacturers, alleging secondary asbestos exposure from the work of his father, a mechanic. The plaintiff had been diagnosed with mesothelioma. The plaintiff’s father worked at Bekins warehouse from June 1974-May 1982, where he did brake, clutch, and engine gasket repair. The plaintiff visited his father at work, helped him at work, and father’s clothes were washed at home. Products identified in discovery included: two Ford trucks; four International semi-truck tractors; Rockwell axles; Carlisle brake linings; Grizzley brake linings (Maremont, …

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