Mesothelioma

Third-Parties Prevail on Summary Judgment Thanks to Employer’s Lack of Evidence

U.S. District Court for the Eastern District of Louisiana, October 24, 2022

Plaintiff Ronald John Falgout, as the independent executor and successor of decedent Ruby Lee Marie Falgout, brought this action in October 2022 after Falgout succumbed to the fatal effects of mesothelioma in August 2022. The plaintiff alleged that the decedent’s secondary exposure from asbestos fibers on his work clothes caused her cancer diagnosis. The plaintiff worked as a laborer, operator, oil king, and rainmaker at the Avondale Shipyards from 1965 to 1979. He …

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Mesothelioma

Plaintiffs Granted Partial Summary Judgment Based on “Substantial Factor” Standard

United States District Court for the Middle District of Louisiana, October 21, 2022

The plaintiffs allege that Decedent Kirk Reulet was asbestos to asbestos throughout his 45-year career. The plaintiffs seek summary judgment on two issues: First whether Decedent developed mesothelioma prior to his death; and second, whether mesothelioma resulted in his death.

In December 2018, Decedent was diagnosed with peritoneal mesothelioma. Decedent died two weeks later on January 2, 2019. Decedent’s death certificate lists four “diseases, injuries, or complications … that directly caused the …

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Gasket/Packing Manufacturer Fails Government Contractor Defense

United States District Court for the District of Massachusetts, October 21, 2022

In this case, the plaintiffs Arnold and Ruth Pritt allege that Arnold Pritt (“Plaintiff”) was exposed to asbestos while serving in the U.S. Navy in the 1960s. Among other products, the plaintiff alleges that he was exposed to asbestos from John Crane packing and gaskets. Defendant John Crane filed a motion for summary judgment, asserting that the plaintiffs’ claims for failure to warn and design defect are barred by the government contractor defense …

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Partial Summary Judgment Granted, Rejecting Government Immunity Defense of Shipyard defendants

United States District Court for the Eastern District of Louisiana   

Plaintiff Linda Crossland alleged take-home exposure to asbestos from her husband’s clothing while he was employed at the Avondale Shipyards, where he was responsible for constructing and repairing vessels.  Plaintiff sued numerous defendants, alleging they negligently failed to warn her husband about the dangers of asbestos and failed to provide him with safe premises.  Avondale removed the action to federal court, relying on “government contractor immunity” established by Boyle and the “derivative sovereign immunity” defense set …

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The law concept background.

Government Contractor Defense Inapplicable to Plaintiff’s Failure to Warn and Prevent the Spread of Asbestos Claims

United States District Court for the Eastern District of Louisiana, October 12, 2022

In this asbestos action, Plaintiff Ruby Lee Marie Falgout (“Plaintiff”) alleged take-home exposure from laundering her husband’s clothes while he worked around Hopeman employees cut and installed asbestos wall board at the Avondale Shipyards (“Avondale”). The plaintiff filed a motion for partial summary judgment barring Avondale from availing itself of the government contractor defense. The plaintiff contended that Avondale’s failure to warn was discretionary. The plaintiff also argued that the court should …

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Pump Manufacturer’s Motion for Summary Judgment on Replacement Parts Denied; Court Critical of Corporate Representative Affidavit

Supreme Court of the State of New York, New York County, October 11, 2022

In this asbestos action, the plaintiff Gloria Maryn alleged exposure to asbestos from laundering the clothes of her son, Victor Arana. Mr. Arana worked as a plumber’s apprentice for the New York Plumbers Association from 2000 to 2014. One product that Mr. Arana worked with, and that he believes contained asbestos, was Armstrong pumps. Specifically, Mr. Arana removed external insulation from Armstrong pumps and the dust from this insulation would allegedly …

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Mesothelioma

Automotive Defendant’s Motion for Summary Judgment Fails as Issues of Fact Remain on Causation and Punitive Damages

Supreme Court of New York, Erie County, October 6, 2022

In this asbestos action, Plaintiff Joseph Skrzynski alleged that he developed malignant mesothelioma as a result of occupational exposure to asbestos from brakes and clutches manufactured by Ford. Ford moved for summary judgment on several grounds.

First, the court determined that Ford did not meet its burden of proof on general causation. The court determined that that “the opposing experts disagree on causation or increased risk of disease, thus raising material fact issues of causation …

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Talcum Powder Defendant Fails to Meet Summary Judgment Burden on Medical Causation

Supreme Court of New York, New York County, September 22, 2022

In this NYCAL action, Decedent Maryann Purser (“Decedent”) alleged that she developed pleural mesothelioma through the use of Cashmere Bouquet talcum powder. Colgate moved for summary judgment, arguing that neither the general nor specific causation standards of Parker v. Mobil Oil Corp. were met here. Further, Colgate also contended that punitive damages were not warranted “as Colgate has taken affirmative steps to ensure that CB was safe for consumer use.” The plaintiff opposed …

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Summary Judgment Denied as Court Finds Issues of Material Fact in Shipbuilder’s Claim

United States District Court for the Eastern District of Louisiana, September 23, 2022

In April 2020, Paul Hotard (“decedent”) received a mesothelioma diagnosis despite never handling or working with asbestos-containing materials while employed at the Avondale Shipyards.  While employed, decedent’s duties consisted of handing pipe to the pipefitters and tacking pipe together for a welder to weld.  Nevertheless, decedent brought this action alleging the inhalation of asbestos fibers during vessel construction at Avondale caused his malignant pleural mesothelioma diagnosis.  Mr. Hotard died in September 2021 and his widow …

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Summary Judgment Affirmed for Trailer Manufacturer

Court of Appeal of Louisiana, Fourth Circuit, September 28, 2022

In this asbestos action, John Brindell (“Brindell”) allegedly contracted mesothelioma as a result of working as a mechanic for Puerto Rico Marine Management, Inc. (“PRMMI”) at the Port of New Orleans. Brindell’s surviving spouse and children (“Plaintiffs”) asserted a wrongful death and survival action against several defendants. Defendant CRA Trailers, Inc. f/k/a Great Dane Trailers, Inc. (“CRA/Great Dane”) moved for summary judgment, arguing that CRA/Great Dane trailers were not present at the Port during Brindell’s …

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