Category: State

California / Case Decisions / Pleadings Challenge
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Plaintiffs’ Complaint Dismissed for Failure to Plead Circumstances of Asbestos Exposure That Justify Defendants’ Potential Liability

In this California federal court case, plaintiffs Billy and Diana Jeffrey commenced an action generally claiming Mr. Jeffrey had asbestos exposure at numerous worksites spanning from 1962 to 1976. Several defendants moved to dismiss the complaint for failure to state a cause of action on the grounds that the plaintiffs’ complaint merely listed jobsites and dates and generally alleged that the defendants supplied, installed, or maintained asbestos-containing products where Mr. Jeffrey worked.

The court granted the motions to dismiss, with leave to amend, holding: “Mr. …

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Case Decisions / Connecticut / Maritime/Admiralty Law
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Dismissal of Asbestos Claims for Lack of Causation Under Connecticut and Maritime Law

In this case, the plaintiff presented an affidavit of decedent attesting to asbestos exposure, a death certificate confirming the mesothelioma, and co-worker depositions showing that the decedent was generally exposed to asbestos at the Groton Connecticut shipyard while overhauling nuclear submarines. Several defendants moved for summary judgment on the ground that while the plaintiff established the decedent’s exposure to asbestos during his career, there was no evidence that causally connected any of that exposure to any of the particular defendants. The court initially ruled that …

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California / Case Decisions / Texas / Verdict Reduction
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California Applies Higher Texas Standard on Causation and Dismisses Asbestos Case

In this California state case, the plaintiff, a Texas resident, claimed asbestos exposure in both California and Texas, although the particular claimed exposure against certain defendants was in Texas. These defendants moved for summary judgment, claiming that under Texas law, the plaintiff was unable to meet the legal standard of causation. Both the lower and appellate courts in California, under choice of law principles, ruled that Texas law applied and, under the higher causation standard in Texas, granted summary judgment. With respect to Texas law …

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