Category: State

Courtroom, Gavel And Law Books
California / Federal Officer Removal
Posted by:

Plaintiff’s Motion to Remand Case Removed under Federal Officer Removal Statute Denied

In this asbestos action, plaintiff Michael Marcus alleged that he developed mesothelioma from working with or around asbestos-containing products while serving in the United States Navy. The plaintiff brought claims of design defect and failure to warn against numerous defendants. Defendant Greene Tweed removed this case to federal court under the federal officer removal statute. The plaintiffs moved to remand the case to state court.

Under the federal officer removal statute, doubt is construed in favor of removal. A state court case may be removed …

Continue Reading
Close up of Male lawyer or judge hand's striking the gavel on sounding block, working with Law books, report the case on table in modern office, Law and justice concept
California / Discovery / Summary Judgment
Posted by:

Court Issues Final Orders Regarding Various Motions of Automotive Defendants

Jurisdiction: Superior Court of California, County of Los Angeles

Defendants Mercedes-Benz USA LLC, Morse Tec LLC, and American Honda Motor Co. Inc. filed various motions for summary judgment, or in the alternative summary adjudication, against the plaintiff Samson Bareh’s claims that he was exposed to asbestos from their products. In addition, the defendant, Volkswagen Group of America Inc., filed a motion to compel discovery.

Mercedes-Benz filed a motion for summary adjudication of the strict liability, negligence, and fraud causes of action, as well as the …

Continue Reading
Judge chamber with gavel
Adjudication / California / Summary Judgment
Posted by:

Summary Judgment and Adjudication Motions Filed by Three Automotive Product Defendants; Some Granted and Some Denied

Jurisdiction: Superior Court of California, County of Los Angeles 

In this asbestos action, three defendants filed motions for summary judgment, and in some cases, in the alternative, motions for summary adjudication, against plaintiff Ronald Carpenter’s claims that he was exposed to asbestos from their products.

First, defendant ZF Active Safety US Inc. argued that plaintiffs had no evidence that Carpenter was exposed to any asbestos-containing parts from ZF Active Safety. Specifically, ZF Active Safety served interrogatories asking plaintiffs to identify people with knowledge that Carpenter was …

Continue Reading
Business and lawyers discussing contract papers with brass scale on desk
Illinois / Punitive Damages
Posted by:

Punitive Damages Now Allowed in Illinois Wrongful Death Cases

KEY TAKEAWAYS:

  • Illinois Gov. J.B. Pritzker has signed into law HB 219 to allow punitive damages to be recoverable in wrongful death and survival actions.
  • Punitive damages are now recoverable in wrongful death claims on cases filed on or after August 11, 2023, and punitive damages may be sought on existing cases on the effective date.
  • This legislation will drastically affect wrongful death cases statewide, as it adds a new avenue of recovery.

Illinois was one of 16 states that did not allow for the …

Continue Reading
Closeup of a sculpture with balance
California / Personal Jurisdiction
Posted by:

Plaintiffs’ Fraud and Loss of Consortium Claims in Shipyard Action Dismissed; Various Other Claims Remain

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

In this asbestos action, decedent Dennis Freeman worked as an insulation contractor at shipyards in several states, including California, from approximately 1980 into the mid-1990s. Several defendants moved to dismiss certain claims in the plaintiffs’ complaint, as well as moved to dismiss the plaintiffs’ complaint in its entirety.

Defendant BAE Systems San Diego Ship Repair Inc. (BAE) challenged the court’s subject-matter jurisdiction of this action. However, drawing all reasonable inferences in the plaintiffs’ favor, the court disagreed. …

Continue Reading
Wooden judge gavel, close-up view.
Florida / Summary Judgment
Posted by:

Grant of Summary Judgment to Brake Manufacturer Reversed on Appeal

Court: Court of Appeal of Florida, First District 

The decedent, Joan Smith, died from mesothelioma allegedly caused by secondary exposure to asbestos through laundering her husband’s work clothing. From 1969 through 1993, Mr. Smith was employed as a mechanic and performed brake work on Mack heavy trucks. Mack did not manufacture its own brakes but rather purchased them from third-party suppliers, including Carlisle Industrial Brake & Friction. 

Carlisle acknowledged that it sold asbestos-containing brake linings to Mack from 1974 to 1979.  Mack, however, was only …

Continue Reading
Closeup of a sculpture with balance
California / Summary Judgment
Posted by:

Appeals Court Upholds Summary Judgment in Favor of Cooling Tower Manufacturers

Court: Court of Appeals of California, First Appellate District, Division One

Decedent Daniel Ochoa worked as a HVAC technician and pipefitter beginning in the 1970s.  His work involved extensive maintenance on cooling towers throughout southern California.  He was diagnosed with mesothelioma and commenced this action prior to his passing.  His widow Joe Ann Ochoa and Arianna Alyssa Huerta were substituted as plaintiffs.  Plaintiffs appealed from a summary judgment entered in favor of defendants Baltimore Aircoil Company (BAC) and SPX Cooling Technologies Inc. (SPX).

At his …

Continue Reading
judge's gavel and books
California / Lack of Personal Jurisdiction / Motion to Quash
Posted by:

Product Manufacturer and Supplier’s Motion to Dismiss on Personal Jurisdiction Grounds Denied

Court: Superior Court of California, County of Los Angeles

In this asbestos action, plaintiffs James Manns, David Papworth, Carie Edwards, Shauna Papworth, Jami Hoffman, and Robee Green filed this action alleging Debra Manns developed mesothelioma as a result of exposure to asbestos from Master Industries Worldwide LLC’s products.

In November 2022, plaintiffs dismissed Master Industries Worldwide, LLC and amended their complaint to substitute Master Industries Worldwide LLC as successor-in-interest to Master Industries Inc. On January 11, 2023, defendants Master Industries Worldwide LLC filed a motion to quash service …

Continue Reading
Courtroom, Gavel And Law Books
California / Significant Verdicts
Posted by:

$107 Million Verdict Awarded in Mesothelioma Case Against Raw Asbestos Supplier

Jurisdiction: Superior Court of California, County of Los Angeles

A California jury on July 7 and July 11 handed down major verdicts with awards totaling more than $100 million in a case involving the death of maintenance employee from mesothelioma caused by his alleged exposure to asbestos.

Comprised of $32 million in compensatory damages, and $75 million in punitive damages, the awards came at the conclusion of a two-phase trial before Judge Cary Nishimoto in Los Angeles County Superior Court.

The jury apportioned liability as …

Continue Reading
Courtroom, Gavel And Law Books
Alabama / Federal Officer Removal
Posted by:

Plaintiff’s Motion to Remand Denied; Court Finds Defendants’ Removal Timely

Court: United States District Court for the Southern District of Alabama, Southern Division

This action was filed in the Circuit Court of Mobile County, Alabama, on June 23, 2022. The complaint named numerous defendants, including Paramount Global (“Westinghouse”) and General Electric Company. Plaintiff Gloria Craig suffers from mesothelioma allegedly as a result of her take-home exposure to asbestos via her ex-husband. Specifically, plaintiff alleged Mr. Craig brought home asbestos on his clothes while he was working at Alabama Dry Dock and Shipbuilding Co. (“ADDSCO”) in …

Continue Reading