LATEST INSIGHTS

mesothelioma
Louisiana / Remand/Removal
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Bankruptcy Status of Louisiana Defendant Does Not Provide Grounds For Removal

LOUISIANA — The plaintiff filed suit against multiple defendants alleging that he contracted mesothelioma as a result of exposure to asbestos products at various worksites from 1960-1979. The plaintiff initially filed suit against 20 defendants in the Civil District Court for the Parish of Orleans. On July 23, 2018 Defendants Union Carbide Corporation and Bayer CropScience, Inc. filed a notice of removal, stating that the plaintiff had settled with all remaining parties and alleging that complete diversity existed. Concurrently, the plaintiffs filed a motion to …

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Florida / Personal Jurisdiction
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Joint Compound Defendant Dismissed for Lack of Personal Jurisdiction on Appeal

FLORIDA — The plaintiff Steven Bolin alleged that he developed mesothelioma from exposure to asbestos from his work with various products in Florida from 1969 to 1981. Specific to the appellant, Bolin’s amended complaint alleged that he used Southern Wall Products’ (SWP) joint compound while working as a laborer and/or construction worker in Florida in 1975-1977. SWP moved to dismiss the complaint for lack of personal jurisdiction, and in support, supplied an affidavit averring that SWP and its predecessor Ruco never had an office in …

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California / Pleadings Challenge
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Plaintiff’s Failure to Assert Elements for Fraudulent Misrepresentation Leads to Dismissal for Friction Defendants

NORTH CAROLINA — The plaintiff filed suit against 62 defendants including Ford Motor (Ford) and Hennessey Industries (Hennessey) alleging he was injured as a result of exposure to the defendant’s asbestos containing products or equipment. Ford and Hennessey moved to dismiss the plaintiff’s claims for fraud and fraudulent misrepresentation arguing that the plaintiff failed to state a claim with respect to those allegations. The plaintiff sought leave to amend his complaint and amended the complaint after the court permitted a more definite statement. Ford and …

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California / Case Decisions
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Take Home Exposure Insufficient to Overcome Demurrer Based Upon Exclusivity Provision of Workers’ Compensation Act

CALIFORNIA — Plaintiffs, Allen and Pamela Rudolph, filed suit against Rudolph & Setten, Inc. (R&S), a general contracting company started by Allen Rudolph’s father, alleging that the plaintiff was exposed to asbestos as a child from take home exposure via his father, and also while employed by the company himself.  R&S filed a demurrer to the suit, alleging that the claims were barred by the exclusivity provision of California’s workers’ compensation act.  The demurrer was sustained by the trial court.  The plaintiffs filed an amended …

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Case Decisions / Pennsylvania / Summary Judgment
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PA Superior Court Affirms Entry of Summary Judgment for Three Friction Defendants

PENNSYLVANIA — The plaintiff, Sharon Gilbert, filed suit as the executive of the estate of her husband, Guy Gilbert, and in her own right, alleging decedent was exposed to asbestos while working as an auto mechanic at Alray Tire in Pittsburgh, PA from 1975 to 1985.  The plaintiff alleged that such exposure caused decedent’s mesothelioma.  The decedent was not deposed before his death.  Two witnesses, decedent’s co-worker and manager at Alray, were deposed.  The manager testified that Alray purchased replacement parts from several automotive suppliers, …

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Case Decisions / Washington
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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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Other Asbestos News / Summary Judgment
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Presence of Related Corporate Entities at Deposition Insufficient to Overcome Requirements of Notice and Opportunity to Cross-Examine

The decedent Jo Ann Shields worked for a carpet and tile store for six years in the 1970s, and alleged that exposure to vinyl asbestos tile caused her fatal mesothelioma.  Among other exposures, she alleged that she was exposed to asbestos floor tile manufactured by National Floor Products Company, a now defunct entity that was a subsidiary of a French corporation called Tarkett, S.A.  Prior to her passing, she gave de bene esse and discovery depositions, at which defendants Tarkett, Inc. and Domco Products Texas, …

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General
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Asbestos Case Tracker Mid-Year Compendium 2018

With reported asbestos decisions continuing to rise, the need to keep informed on developments across the country is imperative.

Goldberg Segalla’s Asbestos Case Tracker blog — ranked on the ABA Journal Blog 100 list of the best legal blogs — is the go-to resource for up-to-date asbestos decisions happening in courts throughout the United States. Our blog also reports on legislative updates, significant verdicts, and other critical developments in the asbestos area. We provide summaries of and access to decisions, along with insightful commentary from …

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Missouri / Verdict
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St. Louis Jury Renders $4.69 Billion Verdict Against Johnson & Johnson in Talc Trial

MISSOURI — On July 12, 2018, a St. Louis Circuit Court jury rendered a verdict against Johnson & Johnson in less than eight hours of deliberation following a six week trial involving 22 plaintiffs who alleged their ovarian cancer was caused by J&J talc products.  The jury awarded $25 million to each plaintiff, for a total of $550 million in compensatory damages, and found J&J liable on counts of strict liability and negligence.  The jury then spent less than two hours deliberating the punitive damages …

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Delaware / Summary Judgment
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Delaware Supreme Court Affirms No Excess Coverage in GM Asbestos Cases

DELAWARE — The Delaware Supreme Court affirmed that several excess policies issues to General Motors do not provide coverage for asbestos-related and environmental claims against the company.  GM purchased primary coverage from Royal Insurance Company for more than 50 years ending in 1993.  Royal handled asbestos claims made under the policies during that period.  The claims at issue were filed after 1993.  Following declaratory judgment actions filed in both Delaware and Michigan, GM and Royal reached a settlement that released all of Royal’s policies from …

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