District Court’s Denial of Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction Reversed Upon Reconsideration on the Basis of Lack of Specific Jurisdiction

The plaintiff, who developed mesothelioma as a result of exposure to asbestos products while working in Massachusetts between the 1940s and 1970s, sued the defendant Union Carbide and others in the U.S. District Court for the Southern District of Florida, where he later moved, seeking compensatory damages pursuant to causes of action for negligence, strict liability, and failure to use reasonable care. The defendant subsequently moved to dismiss the complaint for lack of personal jurisdiction. The District Court denied the motion. The defendant then filed …

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Partial Motion to Dismiss of Talc Suppliers and Auto-Body Filler Granted Without Prejudice, Giving Plaintiff Time to Amend Claims of Concerted Acts and Intentional and Negligent Misrepresentation

This action was originally commenced by the plaintiff in the Southern District of New York and alleged that the decedent, Pedro Rosado-Rivera, was exposed to asbestos-containing auto-body filler while working in auto shops in New York (1959-1968), Puerto Rico (1968-1992) and then thereafter in Florida. The defendant BASF Catalysts LLC’s, joined by other defendants Superior Materials, Inc. and Whittaker, Clark & Daniels, Inc., motion to transfer the case to the middle district of Florida was granted. (BASF and Whittaker were talc suppliers and Superior was …

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$6.6 Million Verdict Reinstated by Florida’s Highest Court After Analysis of Arguments on Alternative Design, Causation, and Jury Instruction on Failure to Warn

In this case, the plaintiff, William Aubin, claimed he was exposed to asbestos from SG-210, an asbestos product used in items such as joint compound and texture sprays that was manufactured by Union Carbide Corporation. Following trial, a jury returned a verdict of $6.6 million finding Union Carbide was liable, in part, under the plaintiff’s claims of negligence and strict liability. The Third District Court of Appeal reversed the jury verdict on three grounds: “(1) the trial court erred in failing to apply the Restatement …

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Federal Procedural Law Applied Over State Law in Summary Judgment Motions Brought by Manufacturers of Safety Mask and Aircraft Component Parts in Naval Exposure Case

In this federal court case that was removed from Florida state court, the plaintiff, Darryl Dugas, and his wife filed a second amended complaint alleging four causes of action regarding their claim that Mr. Dugas developed mesothelioma from his work as an aircraft structural mechanic with the U.S. Navy between 1967 and 1971. The four causes of action were: negligence, strict liability, fraudulent concealment, and loss of consortium. Several defendants moved to dismiss all or a portion of the amended complaint, arguing it failed to …

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