Category: State

Florida / Remand/Removal
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Asbestos Action Remanded Based on Allegations Against Insulation Defendant

U.S. District Court for the Southern District of Florida, August 31, 2021

Plaintiffs David and Dorothy Bateman commenced this lawsuit in Broward County, Florida, alleging that Mr. Bateman developed mesothelioma as a result of his exposure to asbestos-containing products while serving in the British Royal Navy from 1967 to 1975. The defendants filed a notice of removal pursuant to 28 U.S.C. §§ 1332, 1441, and 1446. In response, the plaintiffs filed a motion to remand, alleging that the notice of removal was procedurally defective and …

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California / Remand/Removal
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Remand Proper Without Evidence of Fraudulent Joinder

U.S. District Court for the Northern District of California, September 3, 2021

Plaintiff John Rathbun was diagnosed with terminal mesothelioma on July 8, 2020, and on December 22, 2020, he and his wife filed suit in state court, asserting claims for negligence, strict liability, negligent misrepresentation, fraud by nondisclosure, and loss of consortium. On April 30, 2021, Chattem removed this action to federal court on diversity grounds, and the plaintiffs have filed a motion to remand to state court.

The defendants argue that the two …

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California / Summary Judgment
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Grant of Summary Judgment to Contractor Reversed as Expert’s Declaration Was Not Given Appropriate Weight

Court of Appeal of California, First Appellate District, Division Five, September 2, 2021

In this asbestos action, decedent Michael Harris testified that he served as a hull maintenance technician on the U.S.S. San Jose from August 1973 until May 1974. During this time, he patrolled every part of the ship to check for fires and leaks, including in the boiler room. In Fall 1973, the Thomas Dee Engineering Company performed repairs on the boilers, including removal of the existing insulation and refractory material. While Harris …

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Delaware / Summary Judgment
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Court Overrules Objections and Adopts Report Denying Boiler Manufacturer’s Motion for Summary Judgment

U.S. District Court for the District of Delaware, August 18, 2021

As reported in July by Asbestos Case Tracker, the plaintiff filed this action against multiple defendants in the Superior Court of Delaware, asserting claims arising from the decedent’s exposure to asbestos. The plaintiff alleges that the decedent developed mesothelioma as a result of his exposure to Foster Wheeler’s asbestos-containing equipment and replacement boiler components during his service as a boiler tender in the United States Navy. Foster Wheeler removed the case to federal …

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Delaware
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Court Denies Boiler Manufacturer’s MSJ Finding Dispute of Fact over Substantial Factor Causation

U.S. District Court for the District of Delaware, July 16, 2021

The plaintiff filed this personal injury action against multiple defendants in the Superior Court of Delaware asserting claims arising from the decedent’s harmful exposure to asbestos. The plaintiff alleges the decedent developed mesothelioma as a result of exposure to defendant Foster Wheeler’s asbestos-containing equipment during the decedent’s service as a boiler tender in the United States Navy. Foster Wheeler removed the case to federal court based on the federal officer removal statute. Subsequently, Foster …

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Delaware / Summary Judgment
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Court Grants Valve Manufacturer’s MSJ Finding No Evidence of Exposure

U.S. District Court for the District of Delaware, July 16, 2021

The plaintiffs filed this lawsuit alleging the decedent developed lung cancer and died as a result of asbestos exposure from several of the defendants’ products, including Crane Co. The decedent worked for the North Carolina Department of Administration as a plumber. He worked directly on various items, including boilers, pumps, compressors, and piping. The decedent’s brother offered testimony that the decedent worked on Crane Co. boiler steam header valves. However, he was not able …

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California / Summary Judgment
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Summary Judgment in Favor of Oil Defendants Upheld Due to Lack of Control of Iranian Facilities

Court of Appeal of California, Second Appellate District, Division Seven, July 7, 2021

In this case, the plaintiffs brought wrongful death and survivor claims, alleging that their deceased father contracted mesothelioma through exposure to asbestos while he was an Iranian citizen working for the National Iranian Oil Company from the late 1950s to the late 1970s in facilities controlled by the defendants. The plaintiffs appealed a judgment entered by the trial court granting motions for summary judgment filed by the defendants Chevron Corporation, Chevron U.S.A. …

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Choice of Law / Delaware
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Iowa Law Found to Apply to Plaintiffs’ Mesothelioma Claim Based on Place of Injury Presumption

U.S. District Court for the District of Delaware, July 1, 2021

Plaintiffs Rickey Thorne and Barbara J. Thorne initiated this action in the U.S. District Court for the District of Delaware on the basis of diversity jurisdiction. The plaintiffs allege exposure to asbestos and products containing asbestos during the plaintiff’s service in the United States Air Force which caused his mesothelioma. The plaintiff was stationed at Minot Air Force Base in North Dakota where he maintained gas appliances, including stoves, hot water heaters, and furnaces, …

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California / Personal Jurisdiction
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Pump Manufacturer’s Motion to Dismiss Based on Personal Jurisdiction Denied

U.S. District Court for the Northern District of California, June 30, 2021

In this asbestos action, Christopher Sibley (the plaintiff) alleged asbestos exposure from his work as a Navy electrician in California. Defendant Viking Pump moved to dismiss due to a lack of personal jurisdiction. As per Rule 12(b)(2), a defendant can move to dismiss the matter based on personal jurisdiction grounds. Since personal jurisdiction is not authorized by federal statute, the court applied California law. As such, “[a] defendant is subject to general jurisdiction …

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Appeal / Georgia / Summary Judgment
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Denial of Premise Owner’s Motion for Summary Judgment Affirmed in Part and Remanded in Part on Interlocutory Appeal

Court of Appeals of Georgia, First Division, June 30, 2021

The plaintiff, Colen Campbell, alleged asbestos exposure from his work removing and installing insulation at a nuclear power plant owned by Georgia Power in the 1970s. The plaintiff was employed as an independent contractor by North Brothers. The defendant, Georgia Power, filed a motion for summary judgment arguing that (1) there was no duty owed to the plaintiff because it had ceded possession and control of the plant to North Brothers, (2) the testimony of …

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