This action was originally commenced by the plaintiff in the Southern District of New York and alleged that the decedent, Pedro Rosado-Rivera, was exposed to asbestos-containing auto-body filler while working in auto shops in New York (1959-1968), Puerto Rico (1968-1992) and then thereafter in Florida. The defendant BASF Catalysts LLC’s, joined by other defendants Superior Materials, Inc. and Whittaker, Clark & Daniels, Inc., motion to transfer the case to the middle district of Florida was granted. (BASF and Whittaker were talc suppliers and Superior was …
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U.S. District Court for Northern California Grants Plaintiff’s Motion to Remand Case Based on Untimely Diversity Jurisdiction Removal
The plaintiff brought an action for alleged development of mesothelioma as a result of asbestos exposure on April 15, 2014. After the plaintiff passed on July 7, 2015, his wife filed a second amended complaint, adding a wrongful death and survival claim on October 28, 2015. The defendant removed the case based on diversity jurisdiction and the plaintiff’s moved to remand as untimely.
Although the removal statute requires removal within 30 days from date of service of the complaint, the defendant relied upon two arguments …
Continue ReadingPlaintiffs’ Evidence in Response to Two Defendants’ Summary Judgment Motions Insufficient to Infer Exposure to Lifetime Boilermaker
The plaintiffs filed a wrongful death and survival action in state court; shortly thereafter defendants removed to federal court. The plaintiffs asserted negligence and strict liability claims from the death of their father/husband from malignant mesothelioma; the decedent was a career boilermaker. Defendants Lamons Gasket Company and Parker-Hannifin Corporation moved for summary judgment; both were granted.
The plaintiffs alleged asbestos exposure during the decedent’s work on boilers and other equipment installed on naval, industrial, and commercial vessels. Lamons and Parker argued lack of exposure. In …
Continue ReadingSummary Judgment Granted in Favor of Defendant Company Pursuant to California’s Workers’ Compensation Act in Matter Involving 44 Years of Alleged On-The-Job Asbestos Exposure
The plaintiff filed a lawsuit in state court alleging that from 1956 to 1990, he was employed by the defendant and “spent a significant portion of that time ‘dealing with asbestos, fiber glass products and other hazardous products.’” The three causes of action were for: (1) premises liability; (2) negligence; and (3) negligent infliction of emotional distress. The defendant removed the case to the Northern District of California and then moved to dismiss it on the grounds that California’s Workers’ Compensation Act provided the exclusive …
Continue ReadingLack of Evidence Linking Decedent’s Asbestos Exposure to Defendants Leads to Summary Judgment for Pump and Valve Manufacturers and Contractor
The plaintiff, George Holland, brought this action on behalf of the decedent, Owen Holland, alleging exposure to asbestos from his work at Monsanto Chemical Plant from 1967–2004. From 1974-2002, the decedent worked with external components of pumps and valves manufactured by Goulds and Crane. He also would sweep packing from around the pumps and fibers from around the valves. Both Goulds and Crane moved for—and were denied—summary judgment. Defendant Fluor Daniel preformed construction and maintenance work at Monsanto from 1967-1998. Its motion for summary judgment …
Continue ReadingSummary Judgment Affirmed Where Plaintiff Failed to Produce Sufficient Evidence of Asbestos Exposure
In this case, the plaintiff Melvin Desin, an electrician, alleged that he was exposed to asbestos while working at various job sites in the 1960s and early 1970s, including on seven or eight occasions in the vicinity of painters employed by defendant Zelinsky, a painting contractor. At his deposition, the plaintiff testified that he worked in close proximity to the Zelinsky workers, who patched and sanded walls and joint compound in his presence. However, the plaintiff could not identify the brand name, manufacturer, or supplier …
Continue ReadingSummary Judgment Affirmed as Evidence of Asbestos Impurities in Auto Body Filler Only Equated to a Possibility of Asbestos Exposure
In this case, it was alleged that the plaintiff, John DePree, was exposed to asbestos from various products, including the use of Bondo auto body filler in the 1970s to repair dents in his cars. BASF Catalysts, LLC moved for, and was granted, summary judgment based on its argument that the plaintiffs could not offer more than a mere possibility of exposure to asbestos from a BASF product since any asbestos in the Bondo talc was an impurity and not an intended ingredient. The plaintiffs …
Continue ReadingSummary Judgment Overturned on Triable Issue as to Medical Monitoring of Plaintiff’s Asbestos-Related Pleural Plaques
In this federal court case, the plaintiff, Robert Hanson, filed a complaint in 2010 against various defendants, including “Doe” defendants, alleging asbestos exposure caused his asbestosis. In 2012, the plaintiff substituted Collins Electrical Company for one of the Doe defendants. In 2013, Collins moved for summary judgment, arguing that the plaintiff did not have any evidence of asbestosis or any asbestos-related injury. While the motion was pending, the plaintiff was allowed to file a first amended complaint, which removed any reference to asbestosis and claimed …
Continue ReadingDespite Satisfying Foreseeability, Illinois Federal Court Finds No Duty in Secondary Take Home Exposure Case
The plaintiff filed an action for negligence in Illinois state court, alleging she contracted mesothelioma through “take home” exposure from her son, who used asbestos friction paper while working as a mechanic. The defendants removed to federal court based on diversity. Defendant MW Custom Papers LLC, as successor-in-interest to Mead Corporation, filed a 12(b)(6) motion to dismiss, arguing it did not owe her a duty. The court granted the motion.
First, MW argued the plaintiff did not allege sufficient facts as to foreseeability. The court …
Continue ReadingCase Remanded to State Court to Hear Defendant’s Motion to Dismiss on Personal Jurisdiction as State Court Issues Predominate Case
In this case, the decedent Oscar Villanueva, is alleged to have been exposed to asbestos from various products while working at Glendale Auto Radio Stereo from 1969 to 1990. Defendant FCA US LLC removed the case to federal court since any judgment would have an impact on its bankruptcy estate. Defendant Dr. Ing. H.C.F. Porsche moved to dismiss arguing improper service of process and lack of personal jurisdiction. The plaintiff subsequently dismissed the claim against FCA and moved to remand for lack of subject matter …
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