State Archives - Page 2 of 44 - Asbestos Case Tracker

August 25, 2023 California / Personal Jurisdiction

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. …

August 3, 2023 Florida / Summary Judgment

Posted by: Asbestos Case Tracker

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 …

July 21, 2023 California / Summary Judgment

Posted by: Susan R. Allen-Robbins

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 …

July 21, 2023 California / Lack of Personal Jurisdiction / Motion to Quash

Posted by: Jessica Saad

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 …

July 13, 2023 California / Significant Verdicts

Posted by: Asbestos Case Tracker

$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 …

May 19, 2023 Alabama / Federal Officer Removal

Posted by: Jillian E. Madison

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 …

April 25, 2023 California / Motion to Quash

Posted by: Jillian E. Madison

Court Grants Plaintiffs Opportunity to Identify Brake Brand before Ruling on Motion to Quash

Court: Superior Court of California, County of Los Angeles

Plaintiffs Samson Bareh and Gen Bareh filed this matter, alleging Samson developed mesothelioma from exposure to asbestos. Defendant Aftermarket Auto Parts Alliance Inc. filed the within motion to quash service of summons for lack of personal jurisdiction.

The plaintiff had made no specific allegations against Aftermarket, and the complaint alleged nothing about Aftermarket, except to name it as a defendant.

A defendant may move to quash service of summons on the ground of lack of jurisdiction of …

April 14, 2023 Delaware

Posted by: Elizabeth Lautenbach Adams

Delaware Court Applying Ohio law Upholds Duty to Warn on Brake Grinding Machine Defendant

Court: Superior Court of Delaware, New Castle

In this asbestos action, decedent Donald Jordonek used brake lathes and grinders manufactured by AMMCO while working at a tire center in Ohio from 1972 until 1999. The plaintiff sued defendant Hennessy as a predecessor-in-interest to AMMCO. Although this court is venued in Delaware, the court determined that Ohio substantive law applied to this matter. Hennessy filed a motion for summary judgment, arguing that it did not have a duty to warn the plaintiff as the AMMCO equipment …

April 5, 2023 California / Summary Judgment

Posted by: Jillian E. Madison

Maritime Defendants’ Motions for Summary Judgment under Government Contractor Defense Denied

Court: United States District Court for the Northern District of California

This asbestos-related lawsuit alleges that the decedent, Roberto Elorreaga, developed mesothelioma from exposure to asbestos-containing products while working aboard the USS Rupertus (DD-851) from October 1959 to January 1960 as a machinist mate, and the USS Cowell (DD-547) from October 1960 until February 1963 as a fireman’s apprentice and then as an electrician’s mate.

Several defendants moved for summary judgment, arguing that the Government Contractor Defense precluded the plaintiffs’ claims. Plaintiffs opposed the motions arguing …

March 3, 2023 California / Remand/Removal

Posted by: Elizabeth Lautenbach Adams

Case Remanded to California State Court; Plaintiff Awarded Motion Costs and Fees

Court: United States District Court for the Northern District of California

In this asbestos action, plaintiff Gary Haeck sued several defendants for causes of action in strict products liability, negligence, fraud, and loss of consortium, including five entities that are California citizens.

Haeck moved for an expedited trial, which the court granted for December 2022. Defendant 3M moved to quash, or sever, the trial date as to them. The court severed two defendants, including 3M, from the December 2022 trial date and set a trial …