Wisconsin Federal Court Refuses to Enforce Settlement and Ruled Defendant Waived Defenses of Standing, Mootness, and Issue Preclusion

The plaintiff sued the defendant, Owens-Illinois, for injuries caused to the decedent by asbestos exposure, which proceeded in multidistrict litigation for many years and was transferred back to the District Court of Wisconsin in 2014. A settlement agreement had apparently been reached, which the plaintiff’s estate representative claimed was not authorized. After the district court refused to enforce the settlement, Owens-Corning moved to dismiss the case on three grounds: the plaintiff lacked standing as the estate representative; the plaintiff’s action is moot because she failed …

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Turbine Manufacturer’s Motion for Summary Judgment Denied on Statute of Repose; Gasket Manufacturer’s Motion Granted for Lack of Product ID

In this federal court case, the decedent, Charles Nuutinen, is alleged to have been exposed to asbestos while working as a pipefitter from 1959 through 1996 at various jobsites in Wisconsin, including the Point Beach Nuclear Power Station. The defendant, CBS, the entity responsible for turbine manufacturer Westinghouse Electric Corporation, moved for summary judgment on the Wisconsin statute of repose and gasket manufacturer John Crane moved for lack of product ID. The court denied CBS’ motion, but granted Crane’s motion.

CBS argued, and the plaintiff …

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In Wisconsin: Single Fiber Theory on Causation Held Scientifically Unreliable; Longo Precluded; Castleman Opinion Partially Precluded

In two asbestos cases, Owens Illinois, Inc. sought to exclude an opinion by the plaintiffs’ experts that “any exposure to asbestos, no matter how slight, remote or insignificant, is a cause or substantial contributing factor in causing Plaintiffs’ diseases.” The company also sought to exclude the testimony and testing of William Longo under FRE 702. The plaintiffs did not substantively oppose these motions and the court granted them without opposition.

With respect to the plaintiffs’ “state of the art expert,”  Barry Castleman, Owens Illinois …

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Question of Fact Found Regarding if Asbestos Insulation Supplied by Company Was for Improvement of Real Property as Required Under Wisconsin Statute of Repose

In this case, the plaintiff, Robin Sorenson, filed strict product liability and negligence claims on behalf of herself and the estate of the decedent who worked as an insulator from 1955 to 1997 and died of lung cancer in 2009. One of the defendants, Building Services Industrial Sales, Inc. (BSIS), a supplier of asbestos insulation to the decedent’s employers, moved for — and was granted — summary judgment on the Wisconsin statute of repose, WIS. STAT. § 893.89(2) (2013-14). The plaintiff appealed, arguing that material …

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Court Avoids Statute of Repose While Dismissing Plaintiff’s Claims on Lack of Causation

Plaintiff Todd  Alexander commenced a wrongful death action claiming decedent Richard Alexander was exposed to asbestos in connection with his sheet metal, heating, and plumbing business. Defendants Auer and Milwaukee Stove moved for summary judgment under Wisconsin’s Statute of Repose and, in the alternative, along with defendant CertainTeed, on lack of causation. The lower court granted Auer’s and Milwaukee Stove’s motion based on the Statute of Repose and CertainTeed’s motion based on causation.

On appeal, the Wisconsin Court of Appeals avoided ruling on the Statute …

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Mesothelioma Claim Barred Based on Issue Preclusion

In this MDL asbestos case, plaintiff brought an action claiming he had asbestosis. CBS and General Electric moved for summary judgment in the Eastern District of Pennsylvania, which motion was unopposed. At the time the motion was brought, plaintiff had been diagnosed with mesothelioma but such claim had not yet been added to the lawsuit (although disclosed in discovery responses). After the summary judgment motion was granted, plaintiff’s estate commenced another lawsuit in which his estate sought to pursue the mesothelioma claim.

The Federal Court …

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