Court Grants Summary Judgment to Some Pump Manufacturers, while denying it to others in Maritime Action United States District Court, Eastern District of Pennsylvania, May 22, 2018

PENNSYLVANIA — The court issued rulings on summary judgment motions from the five remaining defendants in this lung cancer case, where the plaintiff Robert Hedrick alleged exposure to asbestos while serving in the United States Navy from 1953-1957.  the plaintiff claimed that his lung cancer was caused by alleged work with asbestos products in the boiler rooms and engine rooms of four naval vessels.  Of the five product manufacturer defendants, the plaintiff only identified one by name at deposition.  Instead, he relied on the combination…
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Defects in Chain of Custody Lead to Affirmation of Talcum Powder Defendant’s Motion for Summary Judgment Court of Appeal, Second District, Division 4, California, May 16, 2018

CALIFORNIA — The plaintiffs Barbara and John Wittman asserted claims for negligence, strict liability, breach of warranty, and loss of consortium against Defendant Coty, Inc. (Coty) alleging that Barbara’s exposure to asbestos in Coty’s talcum powder resulted in her developing mesothelioma. Coty filed a motion for summary judgment, contending that Wittmans’ discovery responses and deposition testimony “demonstrated their inability to prove the claims.” Coty stated that the Wittmans could not show that Barbara was exposed to asbestos through the particular Coty product she had used,…
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Wisconsin’s Uniform Fraudulent Transfer Act Found Not Applicable in Successor Liability Case Against Refractory Manufacturer Supreme Court of Wisconsin, May 15, 2018

WISCONSIN — In a follow up to Asbestos Case Tracker’s previous post, the Supreme Court of Wisconsin reversed the Court of Appeals’ decision in a recent mesothelioma case involving allegations of fraudulent conveyance by a successor in interest entity. The plaintiff originally filed suit against several defendants including Fire Brick Engineering and Powers Holding claiming they were responsible for her late husband’s development of mesothelioma. Mr. Springer was allegedly exposed to asbestos from 1963-69. The plaintiff filed her suit against Powers naming it as…
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Employer and its Insurer Granted Summary Judgment Due to Longshore and Harbor Workers’ Compensation Act Exclusivity U.S. District Court for the Eastern District of Louisiana, April 30, 2018

LOUISIANA — The plaintiff sued his employer and its insurance company alleging that he developed lung cancer as a result of exposure to asbestos while working as a pipefitter for Huntington Ingalls at the Avondale Shipyard. Defendants moved for summary judgment arguing that plaintiff’s claims against them are subject to the exclusivity of the Longshore and Harbor Workers’ Compensation Act (LHWCA). The plaintiff did not substantively oppose this motion, and affirmatively indicated his intention to pursue LHWCA claims against these defendants. The plaintiff filed his…
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Insufficient Evidence to Show Chrysotile Flooring Products Caused Plaintiff’s Peritoneal Mesothelioma Supreme Court, State of New York, Nassau County, April 18, 2018

NEW YORK — The court granted summary judgment for two flooring manufacturers in this peritoneal bystander mesothelioma matter. Plaintiff Victoria Pistone alleged that she was exposed to asbestos from vinyl floor covering manufactured by Mannington Mills, and tile manufactured by American Biltrite, while she accompanied her father to work, and in their home from his clothing. The court cited prior New York law in noting that a plaintiff must use a causation expert to establish that the plaintiff was exposed to sufficient levels of asbestos…
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Summary Judgment Affirmed For Railroad After Plaintiff Settles and Files Subsequent Suit for Lung Cancer Court of Common Pleas of Philadelphia County, April 24, 2018

PENNSYLVANIA — The plaintiff filed a claim for Federal Employer’s Liability Act (FELA) against Conrail for the development of alleged asbestosis in 1997. The parties settled in 2004 and executed an agreement that contemplated a release for “all known and unknown…injuries for any and all forms of cancer…” Years later, the plaintiff developed lung cancer and filed suit alleging the injury was a result of exposure to asbestos for which Conrail was liable. Conrail moved for summary judgment arguing that the claim was barred by…
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Claims Against Insulation Supplier Barred By Government Contractor Defense Court of Appeal of California, First District, Division 4, April 19,2018

CALIFORNIA — Plaintiffs Paula Tarjani, Phyllis Newman, and Patsy Rojo, daughters of the plaintiff’s decedent John Ball, brought claims against numerous defendants, alleging that the plaintiff’s decedent was exposed to asbestos while working as a joiner and shipwright from 1965 to 1972.  The plaintiff’s decedent worked at Mare Island aboard the USS Guitarro, USS Hawkbill, USS Pintado, and USS Drum. Defendant Metalclad brokered Unibestos to the United States Navy, and filed a Motion for Summary Judgment, stating that the plaintiffs’ claims were precluded under the…
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Summary Judgment Granted and Request for Continuance Denied Based Upon Lack of Evidence U.S. District Court for the Northern District of California, April 16, 2018

CALIFORNIA — Defendant, Rohr, Inc., filed a motion for summary judgment based upon a lack of evidence demonstrating the plaintiff was exposed to a Rohr product. The plaintiffs opposed the motion, but failed to present any such evidence in support of their opposition. The plaintiffs also filed a motion to continue, pursuant to Federal Rule of Civil Procedure 56(d), for additional time to conduct discovery. To succeed on such a motion, the moving party must show: 1) an affidavit setting forth the specific facts to…
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Federal Court Denies Summary Judgment Under Massachusetts Statute of Repose, But Grants Defendants’ Motions on Other Grounds U.S. District Court for the District of Massachusetts, March 30, 2018

MASSACHUSETTS — The plaintiffs allege that the decedent, Wayne Oliver, developed mesothelioma from bystander exposure to asbestos during his work as a pipe inspector on the construction of two power plants in the 1970s. Defendant General Electric Company (GE) specified and produced steam turbine-generators for the power plants, and supervised their installation. Defendant NSTAR, formerly known as Boston Edison Company (NSTAR/BECO), owned one of the power plants during the time of the decedent’s work. The decedent worked for non-party Bechtel Corporation, who acted as the…
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Boiler Manufacturer’s Summary Judgment Reversed; Question of Fact on Product ID and Denial of Bare Metal Defense U.S. District Court for the Northern District of California, April 2, 2018

CALIFORNIA — In this federal court case, the plaintiffs commenced an action in the Eastern District of Pennsylvania alleging the plaintiff’s decedent, Robert Hilt, was exposed to asbestos from numerous products, including Foster Wheeler boilers, on Navy ships . Foster Wheeler moved for and was granted summary judgment based on the finding that the plaintiff’s expert, Dr. Charles Ay’s, opinion was speculative.  Subsequently all other defendants either settled or were dismissed from the case. The plaintiff appealed the order granting Foster Wheeler summary judgment and…
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