Judgment on the Pleadings Upheld for Dissolved Washington Corporation

WASHINGTON — The plaintiffs allege that William Clayton developed mesothelioma after being exposed to asbestos during his military service. They sued numerous defendants, including Saberhagen Holdings, Inc. (Saberhagen), which was a Washington corporation that dissolved on August 22, 2013. Based on plaintiffs’ failure to file suit against Saberhagen within three years of dissolution, as required by Washington law, Saberhagen filed a motion for judgment on the pleadings. The plaintiffs opposed the motion and filed their own to extend the response deadline.

Pursuant to Washington statutory

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Post-Trial Motions Denied Against Both Plaintiff and Defendant on Damages and Judgment as a Matter of Law

WASHINGTON – The plaintiff filed suit against the defendants including Scapa Dryer Fabrics (Scapa) alleging her husband, Mr. Barabin, developed mesothelioma as a result of his work at Crown-Zellerbach paper mill in Camas, Washington. Mr. Barabin worked as a spare hand, which included working directly on the paper machines at the mill. Part of his work including using high pressure hoses to blow dust out of the dryers. Suit was brought against the defendants on theories of product liability design, failure to warn, and negligence. …

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Prior Recovery From Party Bars Wrongful Death Claim; Estate’s Claims Against New Parties Can Proceed

WASHINGTON — The plaintiff Barbara Brandes brought a personal injury action against Brand Insulations Inc. (Brand) and other entities after she was diagnosed with mesothelioma. During the pendency of the litigation, Mrs. Brandes passed away, and her action against Brand and others was converted into a survivorship action. During trial, the estate confirmed that it was not seeking to add any new claims or evidence, stating it was not pursuing any potential wrongful death claims at that time. The jury returned a verdict against some …

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Proposed Testimony of Plaintiff’s Expert, Dr. Arnold Brody, Precluded as Being Cumulative

WASHINGTON — In this case, the plaintiff had already presented testimony from occupational and environmental medicine physician, Dr. Carl Brodkin, on the impacts of asbestos on the body. The plaintiff then was looking to call Dr. Arnold Brody to also provide expert opinion on this subject. The defendant objected, arguing that both experts testimony is substantially similar and should be precluded as cumulative. The court agreed.

In its decision, the court outlined the proffered testimony of Dr. Brody and stated that his testimony would have …

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Personal Jurisdiction Motion Denied as Court Focuses on State-Related Contact

WASHINGTON — Decedent Donald Varney alleged that he developed mesothelioma from ambient exposure to defendants’ products while working in various positions at Puget Sound Naval Shipyard in Bremerton, WA, and at Hunters Point Naval Shipyard in San Francisco, CA. Defendants Taco, Inc. and Aurora Pump Company filed identical Motions to Strike and Motions to Dismiss, which the court denied.

The defendants’ Motion to Strike pre-judgment interest argued that Washington law made prejudgment interest unavailable for claims of unliquidated damages, and that the plaintiffs’ damages were …

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Plaintiff’s “Every Exposure” and “Cumulative Exposure” Theories Unreliable; Various Plaintiff’s Experts Excluded

WASHINGTON — Defendant Scapa Dryer Fabrics, Inc. filed motions to exclude the plaintiff’s exposure and causation experts in this mesothelioma death matter. The Ninth Circuit remanded this matter for a new trial after finding that the District Court failed to make appropriate determinations under Daubert and Federal Rule of Evidence 702 in allowing expert testimony. The plaintiff alleged asbestos exposures during work at the Crown-Zellerbach Pulp and Paper Mill in Camas, WA. The plaintiff worked with dryer felts, among other products, in his time at …

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Autopsy Ordered Over Plaintiffs’ Objections in Mesothelioma Case

WASHINGTON — Plaintiffs Leslie Jack and her late-husband Patrick Jack brought suit against numerous defendants, including Genuine Parts Company (GPC), alleging that exposure to their products caused Mr. Jack’s mesothelioma. Mr. Jack passed away on October 15, 2017 and defense counsel was notified on October 17, 2017. Counsel for GPC renewed a prior request for an autopsy on the same day. The plaintiffs’ counsel denied the request and informed defense counsel that Mr. Jack’s body would be cremated on October 19, 2017.

Counsel for GPC, …

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Plaintiff Awarded Attorneys’ Fees and Costs for Improper Removal

WASHINGTON — Plaintiff Barbadin filed suit against defendants including Scapa Dryer Fabrics and AstenJohnsten, Inc. (defendants) alleging exposure to asbestos containing products for which the defendants were responsible.

Scapa removed the matter on April 17, 2017.  The plaintiff quickly moved for remand and sought fees and costs. The court noted that it had previously remanded this case one time. The court concluded that Scapa had taken “inconsistent positions in an effort to keep this action in federal court” and used “untenable arguments.” The court also …

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Brake and Talc Supplier Successfully Move to Dismiss on Lack of Personal Jurisdiction

Following up on prior ACT posts as to the Hodjera suit out of the Western District of Washington, the court granted motions for summary judgment filed by defendants Honeywell International  and Imerys Talc America Inc. under Fed. R. Civ. P. 12(c) for lack of personal jurisdiction.

The court reiterated that due process requires a district court to have personal jurisdiction over a defendant in order to adjudicate a claim against it. Daimler AG v. Bauman, 134 S. Ct. 746, 753 (2014).  Further, the plaintiffs …

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Pfizer Not an “Apparent Manufacturer” of Refractory Products Used at Shipyard; Summary Judgment Affirmed

Plaintiff Margaret Rublee appealed the summary judgment dismissal against defendant Pfizer, Inc. The decedent, Vernon Rublee, was a machinist at the Puget Sound Naval Shipyard from 1965-1980 and died of mesothelioma in 2015. The appellate court affirmed summary judgment for Pfizer.

While at the shipyard, he worked on steam turbines with asbestos lagging. In replacing the lagging they used two refractory products — Insulag and Panelag. Both the decedent and other workers testified as to seeing “Pfizer” on the bags. Quigley Company made the products, …

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