Category: State

Expert Challenges / Florida / Summary Judgment
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Plaintiffs’ Causation Experts Stricken Under Daubert; Defendants’ Motions for Summary Judgment Granted

FLORIDA — The plaintiff’s Decedent Richard Doolin was diagnosed with mesothelioma in June of 2013 and passed away as a result on June 22, 2014. The plaintiff Stacey Doolin filed suit against multiple companies, alleging that Richard was exposed to asbestos when visiting his father’s automotive workshop as a child. The plaintiff further alleged that Richard did shadetree automotive work throughout his life that also exposed him to asbestos.  The last remaining defendants were Ford Motor Company (Ford) and Pneumo Abex LLC (Abex).

Ford and …

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California / Other Asbestos News
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California Jury Deadlocked Over Talc Claims

CALIFORNIA — A mistrial was declared in a talc lawsuit filed against Johnson & Johnson in the Superior Court for Los Angeles, after a jury remained deadlocked following more than five days of deliberations. The plaintiff, Carolyn Weirick, alleges that she developed mesothelioma through the use of asbestos-contaminated talc, and sought at least $25 million in damages. The plaintiff allegedly used Johnson & Johnson’s baby powder for more than forty years, and was diagnosed with mesothelioma at age 58. The parties agreed that she had …

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California / Federal Officer Jurisdiction / Remand/Removal
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Defendant Fails to Meet Removal Requirements under 28 U.S.C. § 1442(a)

CALIFORNIA — The plaintiff Randolph Morton (Plaintiff or Morton) filed this personal injury claim in California state court alleging that Morton’s asbestos-related disease was allegedly caused by the defendants’ acts and omissions involving the use of asbestos at or in the vicinity of Morton’s workplace.

The defendant removed the case to federal court (United States District Court, Central District of California) based on federal office removal jurisdiction under 28 U.S.C. § 1442(a).  Here, defendant seeks to put forth the government contractor defense, which outlines that …

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Kansas / Summary Judgment
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Negligence Per Se Claims Against Defendant Passenger Railcar Manufacturer Denied; Strict Liability and Negligence Claims Can Proceed Under Federal Statutes

KANSAS — The plaintiff Nancy Little brought an action individually and as the personal representative of the estate of her father, Robert Rabe, against defendant The Budd Company (Budd). The plaintiff alleged that her father was exposed to asbestos-containing pipe insulation while working as a pipefitter for the Atchison Topeka & Santa Fe Railroad (ATSF) between 1951 and the mid-to-late 1970’s; she contends this exposure caused him to develop mesothelioma.  The plaintiff’s decedent passed away on December 28, 2012.

Budd allegedly manufactured passenger railcars and …

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California / Choice of Law
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Plaintiff Waived Choice of Law Causation Issue; Kansas Law Applied to California Case

CALIFORNIA — The plaintiff Gerald Hake was born in Kansas and allegedly exposed to asbestos from friction products from age 10 until age 19 while working at the family-owned Hake Standard Service Station. In 1962, he joined the Navy; he then moved to Washington state in 1966. He lived in that state until the present time. The case went to trial against Honeywell and BorgWarner  in the state of California.

The parties filed a series of motions to apply either Washington or Kansas law to …

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Illinois / Other Asbestos News
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Denial of Judgment Notwithstanding The Verdict Reversed For Welding Rod Defendant

Illinois — Following a trial in which a jury found that Hobart Brothers Company (Hobart) had failed to warn the plaintiff, Charles McKinney of the dangers of asbestos from its welding rods, Hobart appealed the trial court’s denial of its motion for judgment notwithstanding the verdict. The appellate court reversed the trial court’s denial, finding no evidence in the record demonstrating that the welding industry knew in the 1960s that welding rods could release asbestos fibers, or that welding rods were a substantial cause of …

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California / Remand/Removal
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Novel Motion to Remand Denied in California Talc Case

CALIFORNIA — A group of women filed suit against Johnson & Johnson in the Superior Court for the County of Los Angeles raising claims that the company violated various California codes by failing to warn consumers of exposure to asbestos and talc containing asbestiform fibers in Johnson and Johnson’s Baby Powder and Shower to Shower products. On May 31, 2018, Johnson & Johnson removed to federal court on the basis of diversity jurisdiction. Plaintiffs moved to remand by arguing that the court lacked subject matter …

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California / Damages
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California Appellate Court Defines Scope of Damages Recoverable in Survival Action

CALIFORNIA — The First District of the California Court of Appeal addressed numerous issues in a case involving exposure to friction products used during personal automotive repair. The family of decedent, J.D. Williams, filed suit in January 2011 after his July 2010 death from mesothelioma. The plaintiffs asserted claims for wrongful death, strict liability and negligence. The defendant, Pep Boys, was not named in the lawsuit until an amended complaint was filed on December 6, 2012. The trial court granted Pep Boys’ motion for judgment …

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Florida / Remand/Removal
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Appeals Court Confirms Dismissal Based on Asbestos Supplier’s Lack of Contacts With Florida

FLORIDA — The plaintiff James Waite was allegedly exposed to asbestos while living in Massachusetts. He filed suit against multiple defendants, including Union Carbide, alleging that his exposure to asbestos caused him to develop mesothelioma. Mr. Waite was diagnosed in Florida, and he and his wife filed suit in Florida state court. Union Carbide removed the case to federal district court where the court determined that it lacked personal jurisdiction over UC.

The Waites appealed, arguing that the district court erred in dismissing UC for …

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Case Decisions / Delaware / Summary Judgment
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Plaintiff’s Deposition Testimony Presents Sufficient Evidence to Overcome Automobile Manufacturer’s Motion for Summary Judgment

DELAWARE — Plaintiffs John and Vicki DeCastro originally filed a personal injury action against multiple defendants in the Superior Court of Delaware, asserting claims arising from Mr. DeCastro’s alleged harmful exposure to asbestos. The case was properly removed to Federal Court under the federal officer removal statute. Mr. Castro alleged that he developed lung cancer as a result of his exposure to asbestos during his service in the United States Air Force, civilian employment with Pacific Bell Telephone and United Airlines, and personal automotive and …

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