Pennsylvania Superior Court Refuses to Extend Statute of Limitations for Employee’s Exposure Claims Pennsylvania Superior Court, November 16, 2018

PENNSYLVANIA — The Pennsylvania Superior Court, in an unpublished opinion, recently declined to extend the statute of limitations for workplace exposure claims brought by employees. Since the Tooey case was decided in 2013, Pennsylvania law has allowed employees to bring lawsuits against their employers if the diagnosis of an occupational disease occurred more than 300 weeks after the date of last exposure to the hazardous substance. However, the new case law did not alter the statute of limitations for brining such claims. In Moeller v.
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Notice of Claim Provisions Bar Jurist’s Asbestos Claims Against Municipality Court of Appeals of Texas, Houston (1st Dist.), August 31, 2018

TEXAS — Judge James Farris spent almost his entire legal career, until retiring in December of 1996, in the Jefferson County courthouse, which included a period of asbestos remediation at the courthouse, during which he was allegedly exposed to asbestos. Judge Farris developed mesothelioma in October of 2004 and tragically passed away just nine days after he first sought medical treatment. Judge Farris’s widow, Ellarene Farris, asserted wrongful death and survival causes of action against numerous entities, including Jefferson County, in its capacities as premises…
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Louisiana Statute of Limitations Bars Wrongful Death Claim Filed in Delaware Superior Court of Delaware, March 26, 2018

DELAWARE — The plaintiff, Sandra Kivell, filed a wrongful death and survival claim alleging her husband’s death was caused by mesothelioma. He passed on September 5, 2015, and the new claims were filed on September 30, 2016. The plaintiff’s decedent had originally filed a complaint before his death. Georgia-Pacific filed a motion for judgment on the pleadings, arguing that the claims were filed beyond Louisiana’s one year statute of limitations for wrongful death and survival claims. The plaintiff did not contend that the Louisiana statute…
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Plaintiffs’ Asbestos-Related Claims Time-Barred Due to Prior Settlement Agreement U.S. Court of Appeals, Fifth Circuit, January 4, 2018

LOUISIANA — Plaintiffs-Appellants are the widow and surviving children of Raymond J. Lemieux, Sr.. Mr. Lemieux, Sr. worked for Johns-Manville in Marrero, Louisiana from 1956 to 1970 during which time he wore a respirator designed by American Optical, Defendant-Appellee. Raymond, Sr. developed asbestos-related lung cancer, which eventually caused his death in 2015; prior to his death, he filed suit in 2011 against American Optical stemming from his use of their respirator. Represented by his attorney, Raymond, Sr. entered into settlement negotiations with American Optical. The…
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Plaintiff’s FELA Claim Against Railroad Survives Limitations Challenge Supreme Court of Montana, November 14, 2017

MONTANA — The plaintiff worked for Burlington Northern and Santa Fe Railway Corporation (BNSF) and claimed exposure to amphibole containing vermiculite in that capacity as BNSF transported vermiculite for W.R. Grace. The plaintiff filed suit against BNSF for his asbestos related disease under FELA. The trial court granted summary judgment for the defendant and the plaintiff appealed. Prior to the suit, W.R. Grace filed for bankruptcy protection in 2001. A temporary restraining order (TRO) was immediately issued prohibiting any suits against third parties arising from…
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Brake Manufacturer’s Motion for Summary Judgment Granted Based on Statute of Limitations Superior Court of Delaware, August 29, 2017

The plaintiff brought suit in Delaware contending that David Bagwell contracted lung cancer from Pneumo Abex’s products. Bagwell was diagnosed in May 2009 and passed away from cancer on January 28, 2010. Plaintiff contacted an attorney regarding this matter in August or 2012. This matter was ultimately filed on June 2, 2014. Under South Carolina law, the defendant argues that the plaintiff’s case must be dismissed because wrongful death claims must be filed within three years of the date of the decedent’s death. However, Delaware…
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“Discovery Rule” Applied for Plaintiffs’ Claim to Survive Two-Year Statue of Limitations U.S. District Court for the Eastern District of Pennsylvania, March 2, 2017

The plaintiffs asserted that the decedent, Joseph Conneen, was exposed to asbestos while working as a pipefitter and plumber from 1962-80 at the Philadelphia Naval Shipyard and Rohm and Haas. The decedent died of lung cancer. The complaint was filed on January 20, 2015. In March 2015, the case was removed to the U.S. District Court for the Eastern District of Pennsylvania as part of MDL-875. Defendant Goulds moved for summary judgment on the basis of Pennsylvania’s two-year statute of limitations. The court denied this…
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Court Upholds Verdict in FELA Matter in Face of Limitations Argument But Vacates Damages Award and Remands Appellate Court of Illinois, Fourth District, October 18, 2016

In this negligence actions brought under the Federal Employers’ Liability Act (FELA), the Appellate Court of Illinois, Fourth District, affirmed the jury’s verdict against defendant Illinois Central Railroad Company (Central) but vacated the award of damages and remanded for a new damages hearing. In 2003, Paul McGowan was diagnosed with lung cancer and died. In December 2008, his estate filed a 13-count complaint seeking damages from various defendants as a result of Mr. McGowan’s lung cancer and death. Count IV of the complaint was for…
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Plaintiff’s Claims Barred on Statute of Limitations Based on When She Learned of Her Injuries U.S. District Court for the Eastern District of Texas, Sherman Division, August 31, 2016

Plaintiff Marci Jones filed suit claiming that, during the course of her employment, she suffered personal injuries from being exposed to asbestos, mold and dead animals. The plaintiff was employed by Noble Finance, who rented a commercial building from defendants Andy and Nancy Anderson. The plaintiff’s suit against defendants includes claims for her personal injuries as well as loss of earning capacity and the cost of medical treatment. The defendants filed a motion for summary judgment, asserting among other arguments, that the plaintiff’s claims failed…
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Summary Judgment Denied to Talc Defendant on Statute of Limitations, Burden of Proof, and Causation Issues Supreme Court of New York, New York County, June 22, 2016

In this asbestos personal injury action the plaintiffs allege that Arlene Feinberg contracted mesothelioma because of exposure to asbestos-contaminated talc from defendant Colgate-Palmolive Company’s Cashmere Bouquet. Colgate moved for summary judgment, arguing 1) the plaintiffs’ action is barred by the statute of limitations; 2) the plaintiffs failed to exclude other potential causes of Ms. Feinberg’s mesothelioma; 3) the plaintiffs failed to prove that Cashmere Bouquet caused the mesothelioma; and 4) that there is no evidence of general or specific causation. The plaintiffs opposed summary judgment,…
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