Category: Washington

Discovery / Trial / Washington
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Motion to Exclude Testimony of Witnesses Denied; No Duty to Remind of Witnesses Existence

U.S. District Court for the Western District of Washington

Defendant Auburn Technology Inc. filed a motion to exclude testimony of three witnesses who were shipmates of the plaintiff’s decedent. Several other defendants joined in on the motion. The defendants argued that the witnesses were not properly disclosed until the very end of discovery and should therefore be excluded under Fed. R. Civ. P. 37. 

By way of background, in the summer of 2019, the plaintiffs made their initial disclosures, identifying the muster rolls for the …

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Appeal / Personal Jurisdiction / Washington
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Court of Appeals Reverses Dismissal of Asbestos Manufacturer Based on Lack of Personal Jurisdiction

Court of Appeals of Washington, Division One, July 13, 2020

In Noll v. Special Electric Co., the Court of Appeals of Washington, Division One, recently opined on an order of remand regarding the trial court’s dismissal of an action because the court lacked personal jurisdiction over the defendant. The trial court concluded that the plaintiff did not allege sufficient facts for Washington to exercise specific jurisdiction over the defendant. In granting the defendant’s original motion, the court held that the plaintiff failed to allege …

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Summary Judgment / Washington
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Summary Judgment Granted to Employer Under Washington Industrial Insurance Act

U.S. District Court for the Western District of Washington, March 16, 2020

WASHINGTON – On March 16, 2020, the U.S. District Court for the Western District of Washington granted summary judgment to defendant, Alcoa, holding that the plaintiff’s claims were barred by the Washington Industrial Insurance Act (WIIA). The plaintiff, Clinton Casey, worked as a utility laborer and pot tender for Alcoa Wenatchee Works, an aluminum manufacturing facility, from 1973 to 2005. He alleged that during this time he was exposed to asbestos from other …

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Expert Challenges / Washington
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Federal Court Declines to Exclude Testimony of Certified Industrial Hygienist

WASHINGTON – In the matter of Jill Diane Clayton v. Air & Liquid Systems Corp., et al., the United States District Court for the Western District of Washington denied the plaintiff’s motion to exclude the expert testimony of Certified Industrial Hygienist, Kyle Dotson, finding that Dotson’s testimony was both relevant and reliable under Federal Rule of Evidence 702. The plaintiff alleged that the decedent, William Richard Clayton, was exposed to asbestos while serving aboard the United States Navy ship, the U.S.S. Badger, in …

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Other Asbestos News / Washington
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Covenant Judgment Found Reasonable Despite Challenge by Insurer

WASHINGTON – United States Fidelity & Guarantee (USF&G) intervened in a recent mesothelioma matter arguing that a covenant judgment entered at the trial level was unreasonable. By way of background, the plaintiffs, Robert and Karen Ulbricht, and their children sought damages from several defendants, including PM Northwest for Robert Ulbricht’s alleged development of mesothelioma. Ulbricht alleged exposure to asbestos while working at the Texaco Oil Refinery in Anacortes, Washington from 1973-1999. PM was alleged to have been the maintenance contractor at the site. However, PM …

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Maritime/Admiralty Law / Summary Judgment / Washington
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Multiple Defendants Granted Summary Judgment in Maritime Action on Lack of Causation

WASHINGTON – The plaintiffs filed suit against multiple defendants, including Foster Wheeler Energy Corporation, Warren Pumps, and Air & Liquid Systems Corporation, alleging that their decedent, Deem, developed mesothelioma as a result of exposure to asbestos-containing products while working as a machinist at the Puget Naval Shipyard from 1974-1981. Two co-workers testified as to work performed at the shipyard. Work included repairs on lots of equipment including valves, pumps, catapults, distilling plants, turbines, compressors, and steam traps. Additional tasks included removal of old flange gaskets, …

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Verdict / Washington
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Summary Judgment Denied to Honeywell and Granted to Foster Wheeler under Washington Law

WASHINGTON – On December 12 and December 16, 2019, the United States District Court for the Western District of Washington issued summary judgment decisions for defendants Honeywell International, Inc. Honeywell and Foster Wheeler Energy Corporation respectively, in the Estate of Rudie Klopman-Baerselman matter. In brief, the court denied summary judgment to Honeywell, and granted summary judgment to Foster Wheeler.

The plaintiff alleged that the decedent, Rudie Klopman-Baerselman, was diagnosed with mesothelioma as a result of his alleged exposures to asbestos while performing automotive maintenance work …

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Summary Judgment / Washington
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Application of Seven Lockwood Factors Creates Issues of Material Fact; Summary Judgment on Product Liability Claim Denied

WASHINGTON – The latest development in a case extensively covered by Asbestos Case Tracker finds the Western District of Washington denying defendant Pneumo Abex LLC’s motion for summary judgment.

This matter was filed on behalf of the decedent, Rudie Klopman-Baerselman, in the Pierce County Superior Court on October 27, 2017 and removed to United States District Court. The plaintiff alleged that the decedent was exposed to asbestos through his maintenance work on vehicles, including friction work, from approximately 1966 to 1997, as well as through …

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Asbestos Litigation Analysis / Summary Judgment / Washington
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Court Grants Summary Judgment for Valve Manufacturer due to Plaintiff’s Failure to Establish Causation

WASHINGTON – In a case extensively covered by the Asbestos Case Tracker, the court granted the summary judgment motion of defendant, Crosby Valve LLC. The decedent, Rudie Klopman- Baerselman, alleged that he developed mesothelioma as a result of exposure to asbestos through his work as a merchant mariner aboard several vessels. The defendant argued that there was no evidence that the decedent was exposed to asbestos from a Crosby valve and that there is no evidence that asbestos from a Crosby Valve product was …

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Summary Judgment / Washington
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Summary Judgment Granted for Cleaver-Brooks in Shipyard Case

WASHINGTON – The plaintiff’s decedent, Thomas Deem, worked at the Puget Sound Naval Shipyard from 1974 to 1981. Two of Deem’s co-workers testified that he was exposed to asbestos while working around pumps, valves, turbines, compressors, steam traps, and other equipment on various ships as a marine machinist. Cleaver-Brooks filed a motion for summary judgment under maritime law because the plaintiff’s claim for wrongful death under Washington law was previously dismissed as time-barred.

Under maritime law, the plaintiff must show that the decedent was actually …

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