Category: Wisconsin

The plaintiffs brought a motion for reconsideration for the court’s decision to grant partial summary judgment as to the defendant Weyerhauser’s motion as to its Daubert challenge, The plaintiffs’ claims for Worker’s Compensation Exclusivity and public nuisance claim.

The court stated that Rule 56 does not provide for a motion for reconsideration but permits a motion to alter judgment. However, the standard requires the movant to show a “manifest error” in judgment or that newly discovered evidence is available. The court noted that the rule …

After the plaintiff’s husband died from lung cancer, the plaintiff filed a lawsuit alleging strict liability and negligence due to asbestos exposure from his work insulating and maintaining boilers. It was transferred to the Pennsylvania MDL, then remanded back to Wisconsin federal court. Defendant Trane U.S., Inc. then moved for summary judgment, arguing: (1) it did not assume the liabilities of American Standard, and (2) American Standard did not manufacture, distribute or specify the asbestos materials that caused decedent’s injuries. The court granted the motion …

In yet another follow-up decision in the Ahnert case out of Wisconsin federal court, Pabst Brewing Company moved for summary judgment. As previously reported, Foster Wheeler was granted summary judgment, but insulation contractor, Sprinkmann Sons Corp. was denied summary judgment based on the Wisconsin statute of repose. The decedent was a union Steamfitter from 1955 to 1992 and claimed exposure to asbestos while working on Pabst’s premises. In its motion, Pabst argued that there was no evidence that decedent was exposed to asbestos from …

The plaintiff was a steamfitter who filed a lawsuit against Foster Wheeler and others due to asbestosis developed after alleged  asbestos exposure. After this case was transferred to MDL 875, the plaintiff was diagnosed with mesothelioma and filed a second suit, again naming Foster Wheeler. After the plaintiff died, his wife dismissed the second lawsuit; three years later she sought to amend the MDL case to include the mesothelioma diagnosis, which the MDL denied due to time. Meanwhile, the plaintiff filed a third lawsuit in …

Plaintiff Janice Herr alleged that Richard Herr died of mesothelioma due to his use of Airco-distributed, asbestos-containing gloves/mittens. Herr was a sculptor and art instructor who used insulated mittens to handle heated molds. He also used raw asbestos to make molds for his sculptures. Airco never manufactured insulated gloves or mittens, but distributed welding gloves and mittens with its logo. This case was remanded for further proceedings by the MDL 875 Court, after the MDL denied the summary judgment filed by Airco, the sole remaining …