LATEST INSIGHTS

General / New York
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Recent NYCAL Trends in the 2017 & 2018 Accelerated Clusters

The current state of asbestos litigation in New York City (NYCAL) continues to evolve as both the plaintiffs’ bar and defense bar deal with a revised Case Management Order (CMO) and judicial turnover.

For a better understanding of the types of claims that are actually being litigated in NYCAL, and what firms are filing these claims, we can look at the current filing trends under the “cluster” procedure that is used in this jurisdiction. The CMO explains there are three dockets used in NYCAL:

(1) …

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Federal Officer Removal / Illinois / Remand/Removal
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Concrete Factual Information Starts the 30-Day Removal Clock

ILLINOIS — In September 2016, the plaintiff was diagnosed with mesothelioma, and in September 2017, he filed suit against a defendant, and a number of other parties, alleging his illness was caused by exposure to asbestos. The plaintiff claimed that his exposure occurred between 1970 and 2004 while he was serving in the United States Air Force, working as a commercial airline mechanic, and/or engaging in home remodeling and other activities.

The defendant was served with the plaintiff’s complaint on September 21, 2017 and filed …

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Case Decisions / Illinois / Summary Judgment
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Illinois Appellate Court Affirms Summary Judgment on Conspiracy Claims

ILLINOIS — The plaintiff, James Johnson, was diagnosed with asbestosis after working with insulation products in the construction industry, beginning in 1965. He filed suit against numerous defendants, and included a claim that Pneumo Abex LLC, Owens-Illinois, Inc., Metropolitan Life Insurance Company and Honeywell International, Inc. were involved in a civil conspiracy to conceal the dangers of asbestos.

The trial court thoroughly reviewed the evidence obtained during discovery and presented at hearings, including the Saranac Study, and determined there was not clear and convincing evidence …

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Case Decisions / Indiana / Remand/Removal
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Remand Denied Upon Plaintiff’s Failure to Properly Disclaim Federal Officer Removal

ILLINOIS – The plaintiff Janice Reinbold filed suit against several defendants alleging her decedent, Gerald Reinbold, developed lung cancer from occupational exposure to asbestos while working as a shipfitter at the Puget Sound Naval Shipyard, amongst other sources. Defendant Crane Company (Crane) removed the case to federal court asserting Federal Officer Removal. The plaintiff moved to remand.

The court reminded the parties of the standard for Federal Officer Removal, and stated that the statute allows removal when “action is brought against the United States or …

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Appeal / Case Decisions / North Carolina
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Denial of Worker’s Compensation Benefits Affirmed Upon Plaintiff Failure to Meet Statutory Requirements

NORTH CAROLINA – The plaintiff Edmund Preslar filed for Workers’ Compensation Benefits claiming that he was entitled to compensation under the statute for his development of asbestosis attributed to his work at the Johns Manville Marchville facility from 1967-1968. The commission denied his claim stating that he had not worked long enough to be eligible for benefits under the statute. The plaintiff appealed and his representative was substituted after he passed away from a non-asbestos cause.

On appeal, the court noted the standard for commission …

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Case Decisions / Federal Officer Jurisdiction / Federal Officer Removal / Louisiana
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Federal Officer Removal Statute Found Inapplicable in Negligence Claim Against Shipyard Defendant; Remand Granted

LOUISIANA – The plaintiff, Gregory Brown brought this action against several defendants including Avondale Shipyard (Avondale) claiming that he developed lung cancer from exposure to asbestos while working for Avondale at its shipyard on and off from 1967-1971. Specifically, Mr. Brown worked as a cleanup man, tacker, and insulator helper. He also claimed exposure to asbestos from his employment for other employers from 1965- 1978. The plaintiff was deposed and gave testimony regarding his work on ships while at Avondale but did not state that …

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Case Decisions / Pennsylvania / Summary Judgment
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Summary Judgment Affirmed in Railroad Case Upon Plaintiff’s Failure to Preserve Issue for Appeal

PENNSYLVANIA – The plaintiff, Michael Eorio filed suit against multiple defendants including CBS and General Electric (GE) alleging he contracted lung cancer while working as a railroad employee from 1972-2010. The plaintiff and one co-worker alleged Mr. Eorio had been exposed to asbestos containing products for which CBS and GE were liable. The plaintiff passed away prior to trial and a substitution of the plaintiff was entered. CBS and GE moved for summary judgment. The trial court granted summary judgment as to both defendants and …

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Case Decisions / Delaware / Verdict
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Delaware Jury Issues $40.6 Million Verdict

DELAWARE – On Friday, June 8th, the jury returned a $40.6 million verdict in Larry W. Knecht, et Ux. v. Borg-Warner Corporation, et Al, a Delaware asbestos case. The case was tried under New Mexico law. The jury found Ford strictly liable due to a failure to warn, and apportioned 30 percent fault to the decedent, Larry Knecht, and 20 percent to Ford. The remainder of the liability was apportioned as follows: General Motors and Chrysler (20 percent each) and …

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Other Asbestos News / Summary Judgment / Wisconsin
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Mill Defendant’s Summary Judgment Motions Granted in Community Exposure/Take-Home Case

WISCONSIN –Weyerhauser operated a manufacturing facility in Marshfield, Wisconsin from 1960 to 2000. Among other wood products manufactured at the mill, Weyerhauser produced asbestos-core doors in Marshfield from 1971 to 1978. The plaintiffs’ decedents Elvira Kilty and Herbert Spatz each worked at the Marshfield Weyerhauser mill. Due to the Wisconsin Workers’ Compensation bar, they alleged that their mesothelioma was caused by community exposures and/or household exposures emanating from the clothing of their children and father, respectively, all of whom also worked for Weyerhauser. Weyerhauser moved …

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Case Decisions / Expert Challenges / North Carolina / Other Asbestos News
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Talc Defendant Strikes Plaintiff’s Expert and Avoids Spoliation Sanctions

NORTH CAROLINA — The plaintiff Ann Finch’s decedent Franklin Finch worked at a Firestone tire factory in Wilson, North Carolina from 1975-1995 and alleged that he was exposed to asbestos during his time there, causing his mesothelioma. Among other allegations of exposure, the plaintiff alleged that the decedent was exposed to talc-contaminated asbestos at Firestone, allegedly supplied by defendant Pfizer and others. In support of this allegation, the plaintiff offered an expert report from Sean Fitzgerald, who tested an identification badge worn by Decedent, and …

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