Category: State

California / Remand/Removal
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Motion to Remand Denied Due to Evidence Presented by Defendants

CALIFORNIA — On November 7, 2018, the plaintiffs filed an amended complaint in state court alleging that decedent, Ronald Viale, was exposed to asbestos when he was employed by the U.S. Navy as a steamfitter/firefighter from 1968 to 1970, and that he developed mesothelioma as a result of said exposure. On January 3, 2019, Foster Wheeler removed the matter under the federal officer defense. The removing defendants produced declarations provided by witnesses demonstrating that the Navy issued specifications regarding the form and content of all …

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Appeal / California
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California Court Remands Grant of Relief from Default Judgment

CALIFORNIA — In 2010, Donna O’Balle filed a complaint against numerous defendants alleging personal injuries from exposure to asbestos dating back to the 1980’s. Associated Insulation of California, Inc. (Associated), one of the defendants, was served, but did not respond, having gone out of business long before. O’Balle filed a request for entry of default against Associated. Almost a year later, O’Balle sent notice of the suit to Fireman’s Fund, seeking coverage on behalf of Associated. Fireman’s Fund was unable to locate any policy it …

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California / Insurance Coverage
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Umbrella Policy’s Self-Insured Retention Does Not Apply to Excess Policies

CALIFORNIA — A coverage dispute arose from numerous claims filed, in various jurisdictions, against Deere & Company for personal injuries arising from alleged exposure to asbestos-containing brakes, clutch assemblies, and gaskets used in Deere machines. In this decision, the court addressed two issues: 1) whether Deere’s higher-layer excess policies were triggered once the first-layer excess policy limits, which were subject to a self-insured retention (SIR) paid by Deere, had been exhausted; and (2) whether the higher-layer excess insurers’ indemnity obligation extended to Deere’s defense costs …

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Alabama / Personal Jurisdiction / Pleadings Challenge
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Lack of Personal Jurisdiction Leads to Dismissal for Talc Defendants in Meso Matter

ALABAMA — The plaintiff Billie Smith filed suit against the defendants alleging she developed mesothelioma from the use of talcum powder on herself and son from the 1950’s through 2015. The defendants included Cyprus Amax Minerals Company (Amax), Cyprus Mines Corporation (Cyprus), Imerys Tac America Inc. (Imerys) and Johnson and Johnson (J and J). The defendants moved for dismissal based on lack of jurisdiction.

In addition to allegations of negligence, wantoness and breach of warranty, the plaintiff claimed that the Imerys defendants (Amax, Cyprus and …

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California / Remand/Removal
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Defendant Pump and Compressor Manufacturer’s Removal Deemed Untimely

CALIFORNIA — The plaintiffs Michael Roy Harris and Elsie Harris sued multiple parties, including Ingersoll-Rand Company (IR), alleging that Michael developed mesothelioma due to asbestos exposure resulting from his work at two U.S. Navy shipyards and while serving in the Navy. The plaintiffs initially filed suit in the Superior Court of California, County of Alameda, on May 25, 2018. Over six months later, on December 17, 2018, IR removed the case to the Northern District of California. The plaintiffs filed the instant motion to remand.…

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Delaware / Other Asbestos News
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Imerys Talc America, Inc., Imerys Talc Vermont, Inc., and Imerys Talc Canada Inc. Seek Bankruptcy Protection

DELWARE — Yesterday, Imerys Talc America, Inc., Imerys Talc Vermont, Inc., and Imerys Talc Canada Inc. filed a petition to seek bankruptcy protection under U.S. Chapter 11. In support of their petition, the Imerys entities referenced “significant potential liabilities as a result of thousands of claims by plaintiffs alleging personal injuries caused by exposure to talc mined, processed, and/or distributed by one or more of the Debtors” as a factor leading to the filing. According to the petition, the entities face 13,800 pending ovarian cancer …

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California / Case Decisions / Trial
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Motion for Nonsuit Granted in Los Angeles Talc Trial

CALIFORNIA — Following a four-week trial, nonsuit was entered just prior to closing arguments in a talc mesothelioma trial venued in Los Angeles state court. At the conclusion of the plaintiffs’ case, Colgate-Palmolive moved for nonsuit, arguing that the plaintiffs had failed to present a prima facie case linking the use of Cashmere Bouquet talcum products to the plaintiff’s injury. The plaintiffs responded by arguing that they only had to prove that fibers from the defendant’s product contributed to the aggregate dose of asbestos to …

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Case Decisions / Delaware
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Delaware Court Upholds Jury Verdict in Favor of Auto Mechanic

DELAWARE — Following up on a prior ACT post, where a Delaware jury returned a verdict of over $40 Million in favor of the widow of a deceased auto mechanic, defendant, who was attributed a liability share of 20 percent, filed a renewed motion for judgment as a matter of law under Rule 50(b) and a motion for a new trial, or in the alternative, remittitur. The defendant argued among other things, that the jury’s verdict was irreconcilably inconsistent and the amount of damages …

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California / Other Asbestos News
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Trial Preference Granted on Appeal for Kidney Cancer Plaintiff

CALIFORNIA — A three judge appellate panel in California issued a writ of mandate requiring the trial court to vacate its prior order, and to grant oetitioner/olaintiff David Ellis’ motion for trial preference. The plaintiff alleged that he suffered from asbestos-related kidney cancer and pleural disease, and filed suit against numerous defendants in 2016. After having his case set for trial and then continued on four occasions due to lack of courtrooms, the plaintiff moved for trial preference under California Code of Civil Procedure section …

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Delaware / Summary Judgment
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Brake Manufacturer Granted Summary Judgment on Basis of De Minimis Exposure

DELAWARE – The plaintiff Elizabeth Alice Dove (Plaintiff) alleges that her father Gus Dove (Mr. Dove) developed lung cancer and other asbestos-related diseases because of his exposure to a variety of asbestos-containing products manufactured, sold, or supplied by the defendants – among them, Honeywell – during the course of Mr. Dove’s career and through shade-tree mechanic work. Honeywell successfully moved for summary judgment under Rule 56(a) on multiple grounds, the primary one involving insufficient product identification under Delaware’s “Product Nexus Standard.”

Mr. Dove gave discovery …

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