Category: State

Case Decisions / Kentucky
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Kentucky Appellate Court Affirms Trial Court Finding of Plaintiff’s Failure to Establish Causation to Brake Defendants

The plaintiff Hershel Mannahan brought an action against the defendants for his alleged development of mesothelioma as a result of his work as a laborer, driller, oiler, truck driver, mechanic, and welder for Peabody Coal Mannahan worked as a welder for Peabody at the Vogue Mine from March 1974 to February 1977 and at Riverview Mine from May 1977 to June 1978. He also performed welding and mechanic work at Vogue Mine from June 1978  until February 1986, when he retired.

The plaintiff allegedly performed …

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Bare Metal/Component Parts / Case Decisions / Delaware / Summary Judgment
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Various Manufacturers Granted Summary Judgment Under Mississippi Law, Including Acceptance of Bare Metal Defense

The plaintiff, Robert Lee Winhauer, commenced this action alleging asbestos exposure from his personal work on his automobiles from the 1940s through the 1990s, from his work at the Ingalls Shipyard in Pascagoula, Mississippi from 1965 to 1976 and while working at Courtaulds North America Rayon Staple Plant in Le Moyne, Alabama from 1977 to 1998. Nine defendants, John Crane, John Crane Inc. (JCI), Flowserve US Inc., Carver Pump Co. , Sterling Fluid Systems (USA) LLC, FMC Corp., Velan Valve Corp., Borg-Warner (D.I. 173), and …

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Case Decisions / Indiana / Remand/Removal
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Indiana Found to be Proper Venue in Federal Court Case that was Previously Transferred Based on Convenience and in the Interest of Justice

In this federal court case, the plaintiff, Clovis Aresnault, commenced an action in the Northern District of Indiana alleging exposure to asbestos while working in steel mills in Illinois and at a plant located both in Illinois and the Northern District of Indiana. The case was transferred to the Eastern District of Pennsylvania as part of the multi-district litigation. The case was remanded back to Indiana after an order granted part of defendant’s motion for summary judgment. The plaintiff subsequently moved to transfer the case …

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Florida / Motions in Limine / Other Asbestos News
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Certainteed Obtains Spoliation Charge on Missing Pipe and Defense Verdict Following Two-and-a-Half Week Trial

On July 7, 2016 a Florida jury rendered a defense verdict on behalf of building products manufacturer Certainteed Corporation (“Certainteed”). In this case, it was alleged that the decedent was exposed to asbestos and developed mesothelioma from his work cutting couplings on Certainteed asbestos-containing irrigation pipe next to his family property for an approximate two-week period in either 1969 or 1970. Through discovery it was learned that some of the pipe was removed and reinstalled. After finding witnesses who were able to testify where the …

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Case Decisions / Expert Challenges / Georgia
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Supreme Court Finds Plaintiff’s Expert “Cumulative Exposure Theory” Does Not Fit Georgia Causation Standard and Reverses Judgment in Favor of Defendant

In a follow up to a case previously reported on in ACT, the Georgia Supreme Court granted a writ of certiorari to review the decision of the Court of Appeals of Georgia with respect to the admission of testimony from the plaintiff’s expert, Dr. Jerrod Abraham, and his “Cumulative Exposure Theory.”

This case first commenced when the plaintiff and his wife, Roy and Milva Knight, sued Scapa Dryer Fabrics, Inc., alleging that Roy’s mesothelioma was caused from exposure to asbestos while he was working …

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Case Decisions / Discovery / Illinois
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Meeting Agendas Between Non-Party Consultant and Counsel for Asbestos Friction Clients Not Privileged

The plaintiffs’ law firm of Maune Raichle Hartley French & Mudd, LLC (Maune) subpoenaed documents from Exponent, Inc., a non-party in Maune’s asbestos litigation pending in Madison County, Illinois. At the request of Exponent, the circuit court held Exponent in friendly civil contempt for refusing to provide an unredacted version of certain documents requested in Maune’s subpoena. Exponent appealed this contempt order as well as the underlying discovery order. Exponent argued that the circuit court abused its discretion in requiring production of these documents, because …

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Case Decisions / Expert Challenges / Florida / Motions in Limine
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Federal Court Limits Plaintiff’s Expert, Dr. William Longo’s, Testimony

The plaintiff, Marsha K. Dugas, as Personal Representative of the Estate of Darryl S. Dugas, filed suit in the U.S. District Court for the Middle District of Florida, Jacksonville Division, alleging that Darryl Dugas developed mesothelioma from his exposure to asbestos during the late 1960s and early 1970s, while serving in the U.S. Navy and attributing that exposure to several products allegedly manufactured by various defendants. In support of this claim, the plaintiff retained Dr. William Longo to provide an expert opinion as to the …

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Case Decisions / Illinois
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Distinction Between Physical Harm and Physical Injury Key in Reversal of Trial Court’s Denial of Directed Verdict

The plaintiffs sued defendant Tremco, Inc. alleging asbestos exposure from tape used in the plaintiff’s profession as a plasterer. The plaintiffs alleged the development of pleural plaques and interstitial fibrosis. The jury found in favor of the plaintiffs, and Tremco appealed. The appellate court reversed the trial court’s judgment, finding that the court should have granted Tremco’s motion for directed verdict because the plaintiff did not suffer any physical harm.

At trial plaintiff testified that he worked as a plasterer from 1957-1983, and used Tremco …

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Case Decisions / Connecticut / Remand/Removal
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Magistrate Judge Recommends Remand to State Court; Removal was Timely, but Defendant Failed to Establish Two of Four Elements of Federal Officer Statute

The plaintiffs filed this personal injury suit in Delaware after the plaintiff Donnie Wines was diagnosed with mesothelioma. Both plaintiffs died before the suit was completed, and their personal representative was substituted. Defendant Rockwell Automation Inc. removed to federal court. The plaintiff filed a motion to remand, arguing: (1) that the notice of removal was untimely, and (2) Rockwell did not meet the requirements of the federal officer removal statute. The magistrate judge recommended that the court grant the plaintiff’s motion.

The plaintiff claimed exposure …

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Case Decisions / Connecticut
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Court Dismisses Cross-Claims for Lack of Ripeness Since There Was No Judgment Against Ford Defendants

The plaintiffs filed suit against multiple defendants for violation of the Connecticut Product Liability Act, loss of consortium, fraud and premises liability, alleging that the plaintiff Kenneth Reed contracted mesothelioma as a result of direct and secondary exposure to asbestos. After the plaintiffs settled with or dismissed sixty-three of the defendants, the complaint was amended as to the only remaining defendants: Ford Motor Company, Bridge-Haven Ford Truck Sales, Inc. and Stamford Motors (collectively, the Ford Defendants). The Ford Defendants answered the amended complaint and, in …

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