Plaintiff’s Failure to Establish Basic Product Identification Leads to Recommendation of Summary Judgment for Multiple Defendants U.S. District Court, D. Delaware. January 22, 2019

DELAWARE — The plaintiff filed suit against several defendants alleging that, Mr. Harding, developed lung cancer as a result of his occupational exposure to asbestos while working in the U.S. Navy and during work in the civilian sector. The case was quickly removed to federal court. Specifically, the plaintiff worked as a plumber in New Canaan, CT from 1962-1963. He recalled working with several brands of residential and commercial boilers. The plaintiff believed that he had been exposed to asbestos from the powder associated with…
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Pump Defendants Granted Summary Judgment in Maritime Asbestos Claim U.S. District Court, D. Delaware, January 18, 2019

DELAWARE — The plaintiffs initially filed suit in the Superior Court of Delaware on November 2, 2016 against various defendants asserting claims arising out of an alleged exposure to asbestos suffered by the plaintiff Earl Janis, Jr. (Janis).  The case was removed to federal court on February 16, 2017 pursuant to the federal officer removal statute under U.S.C. §§ 1442(a)(1).  On June 4, 2018, three similarly situated defendants (manufacturers of pumps located on naval ships) filed summary judgment motions that are at issue in this…
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Plaintiff’s Deposition Testimony Presents Sufficient Evidence to Overcome Automobile Manufacturer’s Motion for Summary Judgment U.S. District Court for the District of Delaware, August 15, 2018

DELAWARE — Plaintiffs John and Vicki DeCastro originally filed a personal injury action against multiple defendants in the Superior Court of Delaware, asserting claims arising from Mr. DeCastro’s alleged harmful exposure to asbestos. The case was properly removed to Federal Court under the federal officer removal statute. Mr. Castro alleged that he developed lung cancer as a result of his exposure to asbestos during his service in the United States Air Force, civilian employment with Pacific Bell Telephone and United Airlines, and personal automotive and…
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Delaware Supreme Court Affirms No Excess Coverage in GM Asbestos Cases Motors Liquidation Company DIP Lenders Trust v. Allstate Ins. Co. et al., No. 381, 2017, 2018 WL 3360976 (Table) (Del. July 10, 2018)

DELAWARE — The Delaware Supreme Court affirmed that several excess policies issues to General Motors do not provide coverage for asbestos-related and environmental claims against the company.  GM purchased primary coverage from Royal Insurance Company for more than 50 years ending in 1993.  Royal handled asbestos claims made under the policies during that period.  The claims at issue were filed after 1993.  Following declaratory judgment actions filed in both Delaware and Michigan, GM and Royal reached a settlement that released all of Royal’s policies from…
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West Virginia Law Applied in Granting Summary Judgment Due to Speculative Testimony” Delaware Superior Court, June 28, 2018

DELAWARE — The plaintiff’s decedent, Marchie Dolley, a lifetime non-smoker, passed from lung cancer. The sole product identification witness was his son, Ringo, who testified about his father’s work as a truck mechanic at Ryder Truck Rental and General Truck Delivery. Ringo visited his father at the former job and later worked with him at the latter. He could not offer any specific testimony about how many times he worked on certain manufacturer’s trucks at either job, or whether original or replacement parts were used.…
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Delaware Take-Home Summary Judgment Reversed for Paper Manufacturers Supreme Court of Delaware, June 27, 2018

DELAWARE — Decedent Dorothy Ramsey’s husband Robert Ramsey worked as a maintenance worker at Haveg Industries, Inc. from 1967 to 1992, and allegedly handled asbestos products manufactured by defendants Herty and Hollingsworth and Vose (together, the manufacturers) on a regular basis. The plaintiff alleged that Mrs. Ramsey developed her fatal lung cancer from regularly laundering Mr. Ramsey’s clothes which were contaminated with asbestos dust emanating from his use of the manufacturers’ products, among others. The trial court had granted the manufacturers’ summary judgment motions, finding…
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Delaware Jury Issues $40.6 Million Verdict Superior Court for the State of Delaware, June 7, 2018

DELAWARE – On Friday, June 8th, the jury returned a $40.6 million verdict in Larry W. Knecht, et Ux. v. Borg-Warner Corporation, et Al, a Delaware asbestos case. The case was tried under New Mexico law. The jury found Ford strictly liable due to a failure to warn, and apportioned 30 percent fault to the decedent, Larry Knecht, and 20 percent to Ford. The remainder of the liability was apportioned as follows: General Motors and Chrysler (20 percent each) and…
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Valve Manufacturer Granted Summary Judgment as Court Finds No Evidence of Conspiracy U.S. District Court, District of Delaware, June 6, 2018

DELAWARE — Plaintiff Marguerite MacQueen filed claims in the Superior Court of Delaware against defendant Crane Co., among others, for manufacturing products that exposed her late husband David MacQueen to asbestos during his time aboard the USS Randolph and USS Independence in the United States Navy from 1956 to 1960, and during his time as a salesman for the Union Carbide Corporation from 1963 to 1980.  Crane subsequently removed the matter to federal court on federal officer jurisdiction. Crane moved for summary judgment on the…
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No Prejudgment Interest for Warren in Viking Pump Litigation Delaware Supreme Court, May 23, 2018

DELAWARE — In today’s episode of As Viking Pump Turns, a Delaware Superior Court denied Warren Pumps’ request for prejudgment interest on amounts owed by its excess insurers for asbestos claims in the long-running litigation.  In 2005, Viking Pump filed a declaratory judgment complaint against Liberty Mutual regarding coverage for asbestos claims under certain primary and umbrella policies.  In perhaps the high point of the litigation, the New York Court of Appeals in 2015 ruled that all sums allocation and vertical exhaustion applied to…
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Motion for Reconsideration Based Upon Change in Law Denied as Untimely U.S. District Court for the District of Delaware, April 9, 2018

DELAWARE — Plaintiffs Icom and Johanna Evans filed a lawsuit on June 11, 2015 in Delaware Superior Court relating to Mr. Evans’ alleged asbestos exposure. Foster Wheeler removed the matter to federal court on August 4, 2015, pursuant to the federal officer removal statute. Defendants Foster Wheeler and Warren Pumps filed motions for summary judgment in October 2016. Both motions were opposed. The district court issued a Report and Recommendation (R&R) on August 30, 2017, recommending that the motions be granted pursuant to maritime law,…
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