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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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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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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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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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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$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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Court Hears Motions to Overturn Verdict in $117 Million New Jersey Talc Case
NEW JERSEY — In April of this year, a New Jersey jury awarded $37 million in compensatory damages and $80 million in punitive damages to plaintiff Stephen Lanzo, who alleged that he developed mesothelioma from years of use of defendants’ talcum powder, which the plaintiff claimed was contaminated with asbestos. On Wednesday, May 23, 2018, the court heard arguments on Imerys Talc America, Inc.’s motions to overturn the verdict. In asking the court to overturn the verdict, Imerys argued the plaintiff had presented no competent …
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No Prejudgment Interest for Warren in Viking Pump Litigation
DELAWARE — In today’s episode of As Viking Pump Turns, a Delaware Superior Court denied Warren Pumps’ request for prejudgment interest on amounts owed by its excess insurers for asbestos claims in the long-running litigation. In 2005, Viking Pump filed a declaratory judgment complaint against Liberty Mutual regarding coverage for asbestos claims under certain primary and umbrella policies. In perhaps the high point of the litigation, the New York Court of Appeals in 2015 ruled that all sums allocation and vertical exhaustion applied to …
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Lack of Personal Jurisdiction Over Defendant Leads to Remand and Dismissal
ILLINOIS — The plaintiff brought this action against General Electric (GE) arguing that he developed mesothelioma from exposure during his work at various locations for Republic Steel from 1961-1999. According to the plaintiff, the work took place in Illinois, Alabama, Louisiana, and Texas. The plaintiff, a resident of Alabama, filed suit in Illinois. GE moved to dismiss the matter for lack of personal jurisdiction. Specifically, GE argued that the plaintiff’s complaint lacked facts establishing personal jurisdiction through Illinois’ long-arm statute. Moreover, GE took the position …
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Minnesota Court of Appeals Affirms Verdict Against Honeywell
MINNESOTA — In an unpublished opinion, the Minnesota Court of Appeals affirmed four trial rulings made by the district court. The plaintiff, Ronald Conda, filed a lawsuit in July 2015 against numerous defendants, including Honeywell, alleging asbestos exposure caused his mesothelioma. The plaintiff passed and the complaint was amended into a wrongful death action. The case was first tried before a jury in the spring of 2016. The court granted Honeywell’s motion for a new trial on the basis that plaintiff’s counsel improperly displayed documents …
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