Navy Defendants’ Motion for Summary Judgment Denied as Factual Disputes Remained to Claimed Defenses

U.S. District Court of the Eastern District of California, February 10, 2021

The defendants’ motion for summary judgment was before the court. The court denied the motion finding several genuine issues of material fact remained unresolved.

First, the court found it was disputed as to whether exposure to defendants’ products was a “substantial factor in contributing to the aggregate dose of asbestos the . . . decedent inhaled or ingested.” The court concluded a reasonable fact-finder could conclude the plaintiff worked with Cutler-Hammer motor controllers …

Continue Reading

Pipe Manufacturer Successfully Appeals $15 Million Punitive Damages Award

Court of Appeal of California, Second Appellate District, Division One, January 27, 2021

This matter was filed after the plaintiff, Norris Morgan, was diagnosed with mesothelioma in December 2017.  The complaint alleged that the plaintiff was exposed to asbestos at construction jobsites where he worked in the 1970s and 1980s, including as a construction superintendent from 1979 to 1985 for Spriggs and Company and Bumbarger and Associates in 1985. Among other construction activities, the plaintiff supervised plumbers installing asbestos-cement water and sewer pipe on his worksites.

The matter …

Continue Reading

Trial Court’s Refusal to Reduce Plaintiffs’ Recovery of Costs by Amounts Attributable to Settled Defendants Affirmed

Court of Appeal of California, First Appellate District, Division Three, December 11, 2020

The heirs of decedent Richard Booker filed suit, alleging that Booker developed fatal mesothelioma from his exposure to defendants’ asbestos-containing products. The plaintiffs settled with most of the defendants, and a trial was held against the two remaining defendants, Vanderbilt Minerals LLC and Imerys. The jury found the two defendants liable for increasing the decedent’s risk of mesothelioma and apportioned 60-percent fault to Vanderbilt and 40-percent fault to Imerys.

The plaintiffs filed …

Continue Reading

Punitive Damages Award Eliminated on Appeal in Take-Home Exposure Case

Court of Appeal of California, Second Appellate District, Division Three, November 19, 2020

The plaintiff, Alfred Mata, alleged he developed mesothelioma as a result of asbestos exposure. Alfred’s father, Francisco, worked as a serviceman for Park Water from 1970 until 1989. Francisco’s responsibility of cutting water pipes with a power saw caused visible dust to settle on his clothing, which he took home to his son. Park Water used both asbestos-containing cement pipes and non-asbestos pipes. The asbestos pipes contained both chrysotile and crocidolite asbestos. …

Continue Reading

American Oil Company Defendants Had No Control Over Iranian Oil Company, Summary Judgment Upheld on Appeal

Court of Appeal of California, Second Appellate District, Division Seven, October 28, 2020

Houshang Sabetian and his wife, Soraya, (the plaintiffs) filed this action on March 28, 2018 alleging causes of action for negligence, strict liability, premises liability, negligent joint venture, alter ego, and loss of consortium. The complaint alleged Houshang contracted mesothelioma caused by exposure to asbestos while he was an Iranian citizen working for the National Iranian Oil Company (NIOC) from about 1960 to 1979. The complaint further alleged the Chevron and Exxon defendants …

Continue Reading

Pump Manufacturer Granted Partial Summary Judgment in Maritime Case; Plaintiff’s Motion Denied

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

The plaintiff, Christopher Clarke, alleged he was diagnosed with mesothelioma as a result of his alleged exposure to asbestos while serving as a Machinist Mate for the United States Navy from 1962 to 1981. Specifically, the plaintiff alleged that he was exposed to asbestos from replacing gaskets and packing on pumps manufactured by the defendant, Warren Pumps, LLC on numerous ships and submarines. The plaintiff moved for partial summary judgment on Warren’s general contractor defense, and …

Continue Reading

Cooling Tower Defendant Granted Summary Judgment Due to Lack of Product ID

United States District Court for the Northern District of California

In the instant complaint, the plaintiffs allege that Ronald Viale used, handled, or was otherwise exposed to asbestos and asbestos containing products provided by or manufactured by the defendants, that he contracted the terminal cancer, mesothelioma as a result of such exposure, and that, in July 2018, he died. Based on these allegations, plaintiffs, who are, respectively, the decedent’s wife and daughter, asserted against defendant SPX the following four Causes of Action: “Negligence,” “Strict Liability,” “False Representation,” …

Continue Reading

Court Reverses Grant of New Trial, Affirms Defense Verdict for Electrical Product Manufacturer

Court of Appeal of California, First Appellate District, June 29, 2020

In Estes v. Eaton Corp., 2020 Cal. App. LEXIS 594, the Court of Appeal of California, First Appellate District reversed an order granting a new trial, and affirmed a defense verdict for Eaton Corporation. In this case, the jury heard the trial court case, and returned a defense verdict. However, the trial court granted the plaintiff a new trial on the ground of insufficient evidence. Eaton appealed the new trial order on multiple …

Continue Reading

Summary Judgment Reversed in Drywall/Joint Compound Matter

Court of Appeal of California, Second Appellate District, Division Seven, June 24, 2020

In December 2011, the plaintiff, Jovana Collantes, and the decedent, Joel Hernandezcueva, filed a lawsuit against numerous defendants arising from the decedent’s alleged exposure to asbestos while employed as a janitor at a large complex occupied by Fluor Corporation (the Fluor Complex) from 1992 to 1995 (the December 2011 action). The plaintiff and the decedent alleged the decedent inhaled drywall debris containing asbestos. The December 2011 action went to trial in September 2013 against …

Continue Reading

Court Grants Plaintiff’s Motion for Jurisdictional Discovery for Turbine Manufacturer

United States District Court, S.D. New York, March 3, 2020

NEW YORK – Eugene Paroni, the plaintiff’s spouse, was diagnosed with and died of mesothelioma. The plaintiff alleges that the decedent’s mesothelioma was a result of his asbestos exposure from his work with a turbine manufactured by Ruston Gas Turbines, Ltd. The plaintiff brought suit against Alstom SA, successor-in-interest to Ruston. The plaintiff originally filed suit in California where he resided. Shortly thereafter, service of the summons on Alstom was quashed for lack of personal …

Continue Reading