Category: State

Illinois / Other Asbestos News
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Exclusive Remedy Defense Eliminated in Illinois for Latent Injury Claims

ILLINOIS – In 2015, the Illinois Supreme Court held in Folta v. Ferro Engineering, 43 N.E. 3d 108 (2015), that the state’s Workers’ Compensation Act and Workers’ Occupational Disease Act was the exclusive remedy for state employees who contract mesothelioma, or another latent disease or injury. May 2019 in enacting Illinois SB 1596, the Illinois legislature revoked the Illinois Supreme Court’s ruling and amended the state’s Workers’ Compensation Act and Workers’ Occupational Disease Act to permit civil tort actions by employees against their employers …

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Georgia
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Denial of Workers’ Compensation Claim Affirmed After Incorrect Standard of Review Applied by Lower Court

GEORGIA – Kevin Sinyard worked as a union pipefitter since 1978; from 1986-1989, the plaintiff worked for the defendant, McKenney’s Inc. at Piedmont Hospital. In 2014, the plaintiff was diagnosed with mesothelioma and he and his wife filed a complaint in Illinois against more than 80 defendants. Although the complaint named several companies and premises owners where he worked after McKenney’s, the plaintiffs did not name McKenney’s as a defendant. The plaintiffs dismissed the Illinois lawsuit without prejudice, and filed workers’ compensation claims against McKenney’s …

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California / Other Asbestos News / Remand/Removal
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Asbestos Talc Cases Remanded to State Courts Despite Pending Bankruptcy of Talc Supplier

CALIFORNIA — On Tuesday, a federal court in California ordered that a group of asbestos talc personal injury cases must be remanded to state court on equitable grounds. Defendant Johnson & Johnson (J&J) had removed these actions to federal court in April on the basis of the pending bankruptcy of its sole talc supplier, Imerys Talc America, Inc., claiming that J&J’s supply agreements with Imerys contained contractual indemnifications and other liability-sharing provisions, and that they were “related” to Imerys’s bankruptcy proceedings in federal court in …

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California / Motion to Dismiss / Personal Jurisdiction / Pleadings Challenge
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Specific Jurisdiction Established Under “Stream of Commerce Plus” Theory

CALIFORNIA – The plaintiff Thomas Toy alleged that his mesothelioma diagnosis was a result of asbestos exposure that incurred in multiple Navy shipyards to a variety of products throughout his machinist career. He claimed he was exposed to friction products in his role as a mechanic for the Army while stationed in Germany, Korea, and other U.S. locations and to construction products he used during home renovations. The defendant Viking Pump, Inc. moved to dismiss pursuant to Federal Rule 12(b)(6), arguing that the plaintiff failed …

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Delaware / Summary Judgment
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Court Recommends Granting Five Defendants’ Motions for Summary Judgment Based on Lack of Substantial Factor Causation

DELAWARE – The plaintiff Richard Rogers filed suit against multiple defendants in the Superior Court of Delaware, alleging that his exposure to asbestos caused him to develop mesothelioma; he asserted claims for negligence, punitive damages, and conspiracy. The defendant Foster Wheeler removed the case to the district court pursuant to the federal officer removal statute.

Rogers was deposed in April 2018 and the plaintiff offered no other fact or product identification witnesses. Warren Pumps, General Electric, Air & Liquid, Wagner, and Asbestos Corp. subsequently filed …

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Delaware / Summary Judgment
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Summary Judgment Granted for Multiple Defendants in Naval Case Based on Failure of Specific Product Identification

DELAWARE – The plaintiff brought suit against several defendants alleging he developed lung cancer from exposure to asbestos while serving onboard the USS Shangri La and USS Edmonds. The plaintiff passed away prior to giving any deposition testimony. The case was removed to federal court by Crane Co. The defendants moved for summary judgment.

The plaintiff’s sole fact witness, John Poggenburg, testified that he worked with the plaintiff onboard the USS Edmonds from October 1961 until July 1962. Poggenburg recalled the plaintiff starting as a …

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Appeal / California / Verdict
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Plaintiffs Not Entitled to Jury Instruction on General Negligence Due to Lack of Specific Evidence

CALIFORNIA – Philip and Febi Mettias, husband and wife, both died of complications caused by mesothelioma. The decedents’ children (plaintiffs) filed suit against various defendants. As part of their allegations, the plaintiffs alleged Philip Mettias performed as many as 24 brake repairs with Bendix brakes, made by Honeywell and purchased at Pep Boys.

The jury returned a special verdict in favor of Honeywell and Pep Boys; the plaintiffs appealed on two contentions:

  1. The trial court erred in not giving general negligence instructions in addition to
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Bankruptcy / Delaware / Other Asbestos News
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J&J’s Emergency Motion for Provisional Transfer Deemed Unwarranted, Denied

DELAWARE — Non-debtors Johnson & Johnson and Johnson & Johnson Consumer Inc. (J&J) filed an emergency motion for provisional transfer, seeking entry of an order directing provisional transfer of approximately 2,400 federal and state personal injury and wrongful death actions, pending the court’s decision on J&J’s motion to fix venue for claims. The motions relate to the chapter 11 cases of Imerys Talc America, Inc. and certain affiliates (debtors), which were filed on February 13, 2019.

The plaintiffs in the approximately 2,400 federal and state …

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California / Other Asbestos News / Pleadings Challenge
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Forum Non Conveniens Stay Upheld

CALIFORNIA — Wisconsin resident Charlene Rickert filed a wrongful death suit in the Superior Court of Los Angeles, and alleged that American Honda, Yamaha Motor Corporation, USA, and Kawasaki Motors Corporation, USA (respondents), among others, contributed to the mesothelioma death of Wisconsin resident Gary Staszewski, through his use of the respondents’ brakes, clutches, and gaskets. All of the relevant work and medical treatment occurred in Wisconsin, and all witnesses necessary to prove exposure and damages remained in Wisconsin. While the respondents maintained corporate headquarters in …

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California / Pleadings Challenge
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Auto Trade Association Successfully Challenges Plaintiff’s Claims of Specific Personal Jurisdiction

CALIFORNIA — The plaintiff Thomas Toy filed suit against several defendants including National Automotive Parts Association (NAPA) alleging that he developed mesothelioma from the use of its asbestos containing products while maintaining vehicles. NAPA moved to dismiss the matter for lack of personal jurisdiction. The plaintiff opposed the motion arguing that the court had specific jurisdiction under the “stream of commerce theory” or NAPA’s “efforts to serve directly or indirectly the market for asbestos containing products in this State.” Both parties agreed that the court …

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