Category: California

California / Summary Judgment
Posted by:

Naval Defendant Denied Summary Judgment as Causation Issues of Fact Remain

U.S. District Court for the Northern District of California, May 13, 2021

In this asbestos action, the decedent alleged asbestos exposure from pumps manufactured by defendant Warren at Hunters Point Naval Shipyard from 1962 until 1973, as well as at the Treasure Island Naval Base from 1974 until 1980. Warren moved for summary judgment, arguing that the plaintiff cannot show that the decedent was exposed to an asbestos-containing products attributable to Warren.

As a threshold matter, the parties did not agree as to whether maritime …

Continue Reading
California / Punitive Damages / Summary Judgment
Posted by:

Plaintiff’s Punitive Damages Claim Withstands Summary Judgment Against Brake Manufacturer

U.S. District Court for the Northern District of California, May 10, 2021

In this asbestos action, Mr. Toy (the plaintiff) alleged that he worked with asbestos-containing brakes manufactured by Bendix in the 1950s and 1970s. Defendant Honeywell as successor-in-interest to Bendix moved for summary judgment on several grounds. The plaintiff only opposed the defendant’s motion for summary judgment on the punitive damages claim.

Under California Civil Code § 3294(a), “a plaintiff may recover punitive damages “where it is proven by clear and convincing evidence that …

Continue Reading
California / Summary Judgment
Posted by:

Court Denies Motion for Summary Judgment in Part Finding Defendant Manufacturers had Duty to Warn

U.S. District Court for the Southern District of California, May 7, 2021

The plaintiff alleges exposure to asbestos-containing equipment during his service in the United States Navy. The plaintiff and his wife sued several equipment manufacturers alleging their products caused the plaintiff to develop mesothelioma.

The defendants filed an omnibus motion for summary judgment arguing (1) they had no duty to warn of product hazards, (2) there is no proof of causation, (3) the government contractor defense immunizes them from liability, and (4) punitive damages …

Continue Reading
California / Summary Judgment
Posted by:

Summary Judgment to American Oil Company Defendants Upheld on Appeal Pursuant to Sabetian

Court of Appeal of California, Second Appellate Division, April 20, 2021

The plaintiff appealed from an entry of summary judgment to defendants Chevron Corporation, Chevron U.S.A., Inc., and Texaco, Inc. and Exxon Mobil Corporation and ExxonMobil Corporation. The plaintiff alleged that he was exposed to asbestos while an Iranian citizen working for the National Iranian Oil Company from the late 1950s to 1980, in facilities controlled by the defendants. On the defendants motions for summary judgment, the trial court found that they did not owe …

Continue Reading
Hand on bible, swearing in
California / Expert Challenges
Posted by:

Plaintiff Expert Opinion on “Every Exposure” Testimony Precluded under Daubert

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

Plaintiffs Thomas Toy, Jr. and Agnes Toy allege that Mr. Toy developed malignant mesothelioma and later died from exposure to asbestos-containing products or equipment that Defendants manufactured or supplied. Pending before the court are motions to strike or exclude the anticipated testimony of the plaintiffs’ causation expert Dr. Arnold Brody and motions to exclude evidence or testimony that “every exposure” to asbestos causes mesothelioma, as well as the plaintiffs’ motion to strike two defense experts.

The …

Continue Reading
California / Expert Challenges
Posted by:

Plaintiff’s Naval Expert Excluded Based on Lack of Qualifications

U.S. District Court for the Northern District of California, March 31, 2021

In this asbestos action, Mr. Toy (the plaintiff) alleges that his work with or around Warren pumps and Armstrong steam traps while serving in the United States Navy exposed him to asbestos. In support of his allegations, the plaintiff served an expert report of Captain Francis Burger, who opined as to asbestos-containing products and materials on Navy ships and in Naval shipyards. Captain Burger based his opinions on his extensive experience gained throughout …

Continue Reading
California / Maritime/Admiralty Law / Punitive Damages / Summary Judgment
Posted by:

Partial Summary Judgment Denied to Shipbuilding Company and Auto Parts Retailer

U.S. District Court for the Northern District of California, March 30, 2021

Before the court are motions for summary judgment filed by defendant National Steel and Shipbuilding Company (NASSCO) and Pep Boys-Manny, Moe & Jack of California.

Defendant NASSCO moves for summary judgment on the theory that, as a government contractor, it enjoys derivative immunity from asbestos- related liability. In the alternative, should material facts regarding its overhaul of the USS Bristol County remain in dispute, NASSCO moves for partial summary judgment as to the plaintiffs’ premises …

Continue Reading
Hand on bible, swearing in
California / Expert Challenges
Posted by:

Court Finds Testimony of Plaintiffs’ Causation Expert Admissible

U.S. District Court for the Northern District of California, March 26, 2021

The plaintiffs filed this action alleging decedent developed malignant mesothelioma and later died from exposure to asbestos-containing products or equipment. Specifically, the plaintiffs allege the decedent worked with Bendix brand brakes during his service in the Army and as a machinist. The plaintiffs offered Dr. Carl Brodkin as a causation expert. Dr. Brodkin opined decedent’s work with and around Bendix brakes was a substantial contributing factor in decedent’s development of mesothelioma.

Defendant Honeywell …

Continue Reading
Appeal / California / Punitive Damages
Posted by:

$25.5 Million Punitive Damages Award Reversed; New Trial Ordered on Apportionment of Fault in Automobile Brake Case

Court of Appeal of California, Second Appellate District, Division Two, March 25, 2021

In this asbestos action, plaintiff Arthur Putt replaced brake pads manufactured and supplied by several different entities in connection with cars manufactured by three different companies in two California gas stations from 1966 until 1970. The plaintiff was diagnosed with mesothelioma in 2018 and testified that 40 percent of his brake work involved Ford vehicles, and 40 percent of his total work with Ford vehicles involved removing the factory-installed brake pads. The …

Continue Reading
California / Expert Challenges
Posted by:

Plaintiffs’ Expert Report Stricken as Improper Rebuttal

U.S. District Court for the Northern District of California, March 19, 2021

Plaintiffs Thomas Toy, Jr. and Agnes Toy allege that Mr. Toy developed malignant mesothelioma and later died from exposure to asbestos-containing products or equipment that the defendants manufactured or supplied. The defendants removed this action to federal court, which set forth a case schedule, including deadlines for the close of discovery and expert reports and depositions. The parties failed to comply with the court’s scheduling order, and several defendants filed a motion to …

Continue Reading