LATEST INSIGHTS

Case Decisions / Delaware / Federal Officer Jurisdiction / Summary Judgment
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Valve Manufacturer Granted Summary Judgment as Court Finds No Evidence of Conspiracy

DELAWARE — Plaintiff Marguerite MacQueen filed claims in the Superior Court of Delaware against defendant Crane Co., among others, for manufacturing products that exposed her late husband David MacQueen to asbestos during his time aboard the USS Randolph and USS Independence in the United States Navy from 1956 to 1960, and during his time as a salesman for the Union Carbide Corporation from 1963 to 1980.  Crane subsequently removed the matter to federal court on federal officer jurisdiction.

Crane moved for summary judgment on the …

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Case Decisions / Ohio / Summary Judgment
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Brake Lining Manufacturer’s Summary Judgment Affirmed in Part in Second Filing in Different Counties

OHIO — Plaintiff Margie Taylor, the executor of the estate of her father Russell Young, originally filed claims against Goodyear Tire & Rubber Company in the Cuyahoga County Court of Common Pleas, alleging that Young was exposed to asbestos from work on aircraft brake linings during his employment with Goodyear Aerospace Corporation. Goodyear filed a motion for summary judgment on premises liability, negligent undertaking, and intentional tort claims, which was granted by the court in an entry on the electronic “File & Serve” docket, and …

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Case Decisions / Damages / Expert Challenges / Washington
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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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Case Decisions / Summary Judgment / Wisconsin
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3M’s Motion for Summary Judgment Regarding Allegedly Defective Respirators Denied

WISCONSIN – In a consolidated case, two plaintiffs asserted strict liability and negligence claims against 3M regarding respirators they wore at a factory which manufactured fireproof doors containing asbestos cores. Both plaintiffs developed mesothelioma from alleged asbestos exposure.

The plaintiffs were employed by Weyerhauser for approximately 40 years each. In 1972, a company memo required all employees to wear respirators whenever mineral core was machined or sanded. Testimony provided that plaintiffs wore 3M masks. In that same year, 3M received the necessary certificate of approval …

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Case Decisions / Illinois / Personal Jurisdiction
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Seventh Circuit Upholds Dismiss of John Crane’s Fraud Suit Against Plaintiff’s Counsel Based Upon Lack of Personal Jurisdiction

ILLINOIS – John Crane filed separate lawsuits against two plaintiffs’ law firms, Shein Law Center and Simon Greenstone Panatier Bartlett, alleging fraud, conspiracy and violations of the RICO Act related to asbestos lawsuits filed by the firms against John Crane. Shein Law Center is based in Pennsylvania, while Simon Greenstone is based in Texas. John Crane is an Illinois resident. John Crane filed suit against the firms in the Northern District of Illinois. The district court dismissed both matters due to a lack of personal …

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Case Decisions / Punitive Damages / Verdict
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Iowa Supreme Court Clarifies Issues in Appeal of $6.5 Million Verdict

IOWA — In 2014, the Estate of Larry Kinseth prevailed in a trial against boiler manufacturer, Weil-McLain, in Iowa District Court for Wright County. The plaintiff was awarded $4 million in compensatory damages, of which Weil-McLain was assessed 25 percent liability. The plaintiff then successfully argued for the application of punitive damages against Weil-McLain, and the jury awarded $2.5million in that phase of the trial. Weil-McLain appealed, based mostly on the conduct of the plaintiff’s counsel during closing arguments, and was successful on appeal in …

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Other Asbestos News / Washington
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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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New York / Summary Judgment
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Allegations of “Information and Belief” Interrogatory Answers Insufficient to Overcome Summary Judgment

NEW YORK — The decedent Julia Sgarlata’s estate brought suit against various companies alleging that she was exposed to asbestos while employed as an inspector, and as a shipping and receiving manager at Diemolding Corporation in New York State from 1955 to 1990, causing her peritoneal mesothelioma. The court issued a written decision on its April 19, 2018 grant of summary judgment for defendant Cytec Engineering, f/k/a American Cyanamid as successor to Fiberite (Fiberite), finding no evidence that the decedent was ever in the presence …

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Maritime/Admiralty Law / Pennsylvania / Summary Judgment
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Court Grants Summary Judgment to Some Pump Manufacturers, while denying it to others in Maritime Action

PENNSYLVANIA — The court issued rulings on summary judgment motions from the five remaining defendants in this lung cancer case, where the plaintiff Robert Hedrick alleged exposure to asbestos while serving in the United States Navy from 1953-1957.  the plaintiff claimed that his lung cancer was caused by alleged work with asbestos products in the boiler rooms and engine rooms of four naval vessels.  Of the five product manufacturer defendants, the plaintiff only identified one by name at deposition.  Instead, he relied on the combination …

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California / Verdict
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$21.7 Million Compensatory Verdict and $4 Million Punitive Awards in California Asbestos-Talc Case

CALIFORNIA — Sixty-eight year old Plaintiff Joanne Anderson sued Johnson & Johnson (J & J) and other defendants in state court in Los Angeles in 2017, alleging that her mesothelioma was caused in part by use of talcum powder that was contaminated with asbestos.  On Wednesday, May 23, 2018, a California jury returned a $21.7 million compensatory verdict for the plaintiff, assigning 67 percent to J & J.  The jury is still deliberating on whether to award punitive damages. Today, the jury awarded $4 million …

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