judge's gavel and books

Plaintiffs’ Motion to Remand Granted Due to Railroad Company Defendant’s Untimely Motion for Removal  

United States District Court for the Eastern District of Wisconsin , July 13, 2022

Plaintiffs Trisha and David Babler filed a lawsuit to recover damages Trisha allegedly sustained as a result of “take-home” asbestos exposure from her father, who was employed at Soo Line Railroad Company (SLR).  Plaintiffs named Sprinkmann Sons Corporation as a defendant “based on inferences that Sprinkmann was either a contractor at the North Fond du Lac SLR facility and/or supplied asbestos-containing materials to SLR for use at that facility.”  

Discovery …

Continue Reading

Appellate Court Affirms in Part, Remands Trial Court’s Ruling Regarding Mask Manufacturer’s Negligence

Court of Appeals of Washington, Division One, May 9, 2022

In January 2020, the plaintiff, Larry Roemmich, sued 3M, among others, for product liability and negligence based on his diagnosis of mesothelioma, which he alleged was a result of his exposure to asbestos. The plaintiff worked at Puget Sound Naval Shipyard from 1968 to 1995 and alleged he was exposed to asbestos and asbestos-containing products as part of his work from 1968 until the early 1980s. The plaintiff wore 3M 8710 masks from 1972 until …

Continue Reading

Plaintiffs Judgment Against Joint Compound Manufacturer Affirmed on Appeal

Court of Appeals of Washington, Division One, February 22, 2022

The plaintiffs, Raymond Budd and his wife, sued Kaiser Gypsum Company, Inc. (Kaiser) and others for damages, alleging that Kaiser’s joint compound product caused Mr. Budd’s mesothelioma.  The plaintiffs sued Kaiser for negligence and strict liability, premised upon failure to warn and defective design theories. The jury returned a verdict in favor of the plaintiffs and awarded them nearly $13.5 million. Kaiser appealed, raising nine claims, including the following: (1) lack of proximate causation, (2) lack …

Continue Reading

Plaintiff Failed to Provide Evidence That Insulation Manufacturer Caused Mesothelioma, Summary Judgment Affirmed

Court of Appeals of Washington, Division One; January 24, 2022

The decedent, Duane Hickson, filed an asbestos-related lawsuit alleging he was exposed to asbestos when he worked as a pipefitter throughout his life, including at the Atlantic Richfield Company (ARCO) Cherry Point Refinery. In April 2019, the decedent was diagnosed with mesothelioma and subsequently passed away on February 6, 2020.

ARCO moved for summary judgment, alleging that the plaintiff failed to demonstrate that the decedent had been exposed to asbestos at Cherry Point, that there …

Continue Reading

Premises Defendant Appeal Unsuccessful, Verdict Upheld

Court of Appeals of Washington, Division One, December 14, 2021

From the mid-1950s until 1988, ExxonMobil operated a refinery in Ferndale, Washington. In 1979, Northwestern Industrial Maintenance (NWIM) contracted with Mobil to perform maintenance jobs at the Mobil refinery in Ferndale. NWIM employed the decedent, Warren Wright, as a working foreman at the Ferndale facility. The decedent was diagnosed with mesothelioma, and died in September 2015. In January 2018, the plaintiff filed a wrongful death suit individually and on behalf of the decedent’s estate, alleging …

Continue Reading

Remand Granted and Attorneys’ Fees Awarded Against Valve Manufacturer

U.S. District Court for the Western District of Washington, August 9, 2021

On June 1, 2021, David and Linda Welch filed claims in King County Superior Court against various defendants who are allegedly responsible for mining, manufacturing, and/or installing the asbestos that has caused David’s newly diagnosed pleural mesothelioma. The plaintiffs moved for an expedited trial pursuant to RCW 4.44.025 on June 23, 2021. Defendant Velan Valve Corp filed an instant motion to remove after the plaintiffs had filed for voluntary dismissal against Velan.

By …

Continue Reading

Summary Judgment Proper When Plaintiffs Fail to Establish Sufficient Exposure to Asbestos

U.S. District Court for the Western District of Washington, August 5, 2021

Decedent John Dale Wineland, who developed mesothelioma and subsequently died, worked aboard Navy ships and in Navy offices between 1963 and 1984. The plaintiffs allege that the decedent was exposed to asbestos contained in Cleaver-Brooks products while aboard the USS Tuscaloosa, where he worked in the engine rooms. The plaintiffs assert that defendant Cleaver-Brooks is liable for the decedent’s illness and death under theories of negligence and strict liability.

Cleaver-Brooks filed a …

Continue Reading

Valve Manufacturer Granted Summary Judgment on Causation Grounds

U.S. District Court for the Western District of Washington, August 2, 2021

In this asbestos action, the plaintiff alleges that the decedent, John Dale Wineland, worked aboard a series of Navy ships and in Navy offices between 1963 and 1984. The plaintiffs allege that Mr. Wineland was exposed to asbestos contained in Powell products while aboard the USS Tuscaloosa between 1972 and 1974. Mr. Wineland worked primarily in the engine rooms of the ships to which he was assigned, repairing and maintaining machinery and equipment …

Continue Reading

Military Contractor Defense Does Not Apply to Manufacturers of Commercial Insulation

U.S. District Court for the Western District of Washington, July 22, 2021

Plaintiff George Kraemer alleges that he was exposed to asbestos and asbestos-containing products manufactured and sold by defendant Lone Star Industries (Lone Star) that were used at locations where his father worked as an insulator between 1942 and 1945. He also alleges that he was exposed to asbestos through his own workplace. On October 1, 2020, the plaintiff and his wife initiated this action in King County Superior Court against Lone Star and …

Continue Reading

Purifier Defendant Granted Summary Judgment as Plaintiffs Failed to Establish Causation

U.S. District Court for the Western District of Washington, July 19, 2021

Defendant Alfa Laval filed this present amended motion for summary judgment. The plaintiffs allege the decedent, John Dale Wineland (decedent or Mr. Wineland), worked aboard a series of Navy ships including the USS Dynamic, USS Pledge, USS Loyalty, USS Tuscaloosa, and USS Esteem from 1963 to 1984, where he was exposed to asbestos from Alfa Laval products aboard these ships. The decedent worked in the engine room where he …

Continue Reading