Category: State

California / Expert Challenges
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Plaintiffs’ Expert Report Stricken as Improper Rebuttal

U.S. District Court for the Northern District of California, March 19, 2021

Plaintiffs Thomas Toy, Jr. and Agnes Toy allege that Mr. Toy developed malignant mesothelioma and later died from exposure to asbestos-containing products or equipment that the defendants manufactured or supplied. The defendants removed this action to federal court, which set forth a case schedule, including deadlines for the close of discovery and expert reports and depositions. The parties failed to comply with the court’s scheduling order, and several defendants filed a motion to …

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California / Summary Judgment
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Navy Defendants’ Motion for Summary Judgment Denied as Factual Disputes Remained to Claimed Defenses

U.S. District Court of the Eastern District of California, February 10, 2021

The defendants’ motion for summary judgment was before the court. The court denied the motion finding several genuine issues of material fact remained unresolved.

First, the court found it was disputed as to whether exposure to defendants’ products was a “substantial factor in contributing to the aggregate dose of asbestos the . . . decedent inhaled or ingested.” The court concluded a reasonable fact-finder could conclude the plaintiff worked with Cutler-Hammer motor controllers …

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Delaware / Summary Judgment
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Summary Judgment Awarded to Defense Contractor in Aircraft Case under Texas Law

U.S. District Court for the District of Delaware, February 8, 2021

The plaintiffs alleged that the decedent, Arthur L. Carnes, was exposed to asbestos while serving in the United States Air Force from December 1955 to February 1964. Mr. Carnes was stationed as a mechanic at Plattsburg Air Force Base in New York from 1955 to 1961, and was then stationed at Carswell Air Force Base in Fort Worth, Texas from 1961 to 1964. Throughout his service, he inspected aircraft and worked as a crew …

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Appeal / California
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Pipe Manufacturer Successfully Appeals $15 Million Punitive Damages Award

Court of Appeal of California, Second Appellate District, Division One, January 27, 2021

This matter was filed after the plaintiff, Norris Morgan, was diagnosed with mesothelioma in December 2017.  The complaint alleged that the plaintiff was exposed to asbestos at construction jobsites where he worked in the 1970s and 1980s, including as a construction superintendent from 1979 to 1985 for Spriggs and Company and Bumbarger and Associates in 1985. Among other construction activities, the plaintiff supervised plumbers installing asbestos-cement water and sewer pipe on his worksites.

The matter …

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Delaware / Motion for Reconsideration
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Reargument of Summary Judgment Denied; Decedent’s Exposure Affidavit Admissible for Motion

Superior Court of Delaware, New Castle

In this matter, the plaintiff alleges that the decedent’s asbestosis was caused by exposure to the defendants’ asbestos-containing products throughout his career as a mechanic. Pertinent to this motion, the decedent executed an affidavit containing details of his work history and the products with which he worked on July 16, 2014. The decedent was subsequently hospitalized on two separate occasions, and was deemed a candidate for hospice care. He executed a second affidavit on October 8 and passed on …

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State / Trial
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New Trial Denied Against Boiler Manufacturer; Jury Verdict Not Against Weight of the Evidence

Superior Court of Delaware, December 22, 2020

On December 20, 2019, following a 10-day jury trial, a jury returned a verdict in favor of Cleaver Brooks, Inc. (Cleaver Brooks), the sole defendant at trial. The jury found that this defendant nor any of the other non-party entities listed on the verdict sheet failed to meet the standard of care of providing a safe work place or defective product to the decedent, Gary Stimson.


During trial, each side presented expert testimony on the issue of whether …

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Delaware / Expert Challenges / Motions in Limine / Summary Judgment
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Railway Company Denied Summary Judgment; Service and Expert Issues Remain

The plaintiff, the Estate of Gregorio Sanchez Valdez, alleged occupational exposure to asbestos and diesel fumes while working as a machinist for defendant BNSF Railway Company from 1996 until 2016. Valdez was diagnosed with laryngeal cancer in 2014. BNSF moved for summary judgment on three grounds, of which the court denied all three.

First, BNSF argued that Valdez failed to serve BNSF with process within the three-year statute of limitations under the Federal Employers’ Liability Act. The court observed that the crux of this argument …

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Appeal / California
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Trial Court’s Refusal to Reduce Plaintiffs’ Recovery of Costs by Amounts Attributable to Settled Defendants Affirmed

Court of Appeal of California, First Appellate District, Division Three, December 11, 2020

The heirs of decedent Richard Booker filed suit, alleging that Booker developed fatal mesothelioma from his exposure to defendants’ asbestos-containing products. The plaintiffs settled with most of the defendants, and a trial was held against the two remaining defendants, Vanderbilt Minerals LLC and Imerys. The jury found the two defendants liable for increasing the decedent’s risk of mesothelioma and apportioned 60-percent fault to Vanderbilt and 40-percent fault to Imerys.

The plaintiffs filed …

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California / Punitive Damages
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Punitive Damages Award Eliminated on Appeal in Take-Home Exposure Case

Court of Appeal of California, Second Appellate District, Division Three, November 19, 2020

The plaintiff, Alfred Mata, alleged he developed mesothelioma as a result of asbestos exposure. Alfred’s father, Francisco, worked as a serviceman for Park Water from 1970 until 1989. Francisco’s responsibility of cutting water pipes with a power saw caused visible dust to settle on his clothing, which he took home to his son. Park Water used both asbestos-containing cement pipes and non-asbestos pipes. The asbestos pipes contained both chrysotile and crocidolite asbestos. …

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Mesothelioma
Kentucky / Summary Judgment
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Third-Party Defendant Not Responsible for Indemnifying Brake Supplier Prior to Existence

U.S. District Court for the Western District of Kentucky, Owensboro Division, November 12, 2020

Plaintiff Jack Papineau was employed by Smith Coal from 1984 to 1992. In his complaint against multiple defendants, including Brake Supply, he alleged that he contracted mesothelioma from exposure to asbestos-containing friction products during his employment at Smith Coal. The plaintiff alleged that Brake Supply purchased friction products from suppliers and resold the products by either using the products to reline brakes or reselling parts.

Brake Supply filed a Third-Party Complaint and …

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